THE WRITINGS OF THOMAS JEFFERSON
Definitive Edition
CONTAINING HIS
AUTOBIOGRAPHY, NOTES ON VIRGINIA, PARLIAMENTARY MANUAL, OFFICIAL PAPERS,
MESSAGES AND ADDRESSES, AND OTHER
WRITINGS, OFFICIAL AND PRIVATE,
NOW COLLECTED AND
PUBLISHED IN THEIR ENTIRETY FOR THE FIRST TIME
INCLUDING
ALL OF THE ORIGINAL MANUSCRIPTS, DEPOSITED IN THE DEPARTMENT OF STATE AND
PUBLISHED IN 1853 BY ORDER OF THE
JOINT COMMITTEE OF CONGRESS
WITH NUMEROUS ILLUSTRATIONS
AND
A COMPREHENSIVE ANALYTICAL INDEX
ALBERT ELLERY BERGH
EDITOR
VOL. I.
ISSUED UNDER THE AUSPICES OF
THE THOMAS JEFFERSON MEMORIAL ASSOCIATION OF THE UNITED STATES
WASHINGTON, D. C.
1907
COPYRIGHT, 1905,
BY
THE THOMAS JEFFERSON MEMORIAL ASSOCIATION
SPECIAL INTRODUCTION.
IF we want a sure proof of Thomas. Jefferson's greatness it will be found in
the fact that men of every variety of political opinion, however far asunder,
find confirmation of their doctrine in him. Every party in this country to-day
reckons Jefferson as its patron saint. In my youth the political Abolitionists
made appeals to Jefferson the burden of their song. In the late discussion,
which rent the country, about the Philippine Islands, one' side quoted what Mr.
Jefferson said in the Declaration of Independence, and the other what they
thought he did, in the acquisition of Louisiana. I do not know of any other
American of whom this is true, unless it be that the different schools of
theology and ethics seem inclined to do the same thing just now as to Ralph
Waldo Emerson.
I can think of no other man in history, like Jefferson, leader as he was of two
Revolutions and founder of a political party; one of which accomplished the
independence of his country from a foreign yoke, the other overthrew by
peaceful means the party at home which had been founded by Washington, and his
great companions and counselors, of whom such a thing as this can be said.
Every political sect finds its political doctrine in Jefferson, almost as every
(vii)
Viii Special Introduction
religious sect finds its doctrine in the Savior of mankind.
The friend of State rights calls attention to the fact that Jefferson spoke of
the Government of the United States as the " agency at Washington." The
Abolitionists quote the great Declaration and his famous utterance against
slavery: " I tremble for my country, when I reflect that God is just." The
supporter of a protective tariff claims him as the highest protectionist in our
history, appealing to his desire that there might be a " wall around our
country which should keep out all foreign manufactures." The free trader
maintains that the spirit of everything he said and everything he did teaches
the doctrine of unlimited freedom in all human conduct, except so far as may be
needful for the restraint of actual crime.
The mighty figure of Thomas Jefferson comes down in history with the
Declaration of Independence in one hand, and the title deed of Louisiana in the
other. He acquired for his country a territory of 1,171,931 square miles, now
fifteen States, to be hereafter the seat and centre of empire certainly of this
continent, and, as we confidently believe, of the world. Yet I believe, in the
estimate of mankind, that achievement is insignificant compared with the other.
The author of the Declaration of Independence stands in human history as the
foremost man who ever lived, whose influence has led men to govern themselves
in the conduct of States by spiritual laws. That was Jefferson's mission-to
teach spiritual
Special Introduction
laws. Observe that I say spiritual laws, not spiritual truths merely, not
formulae to be assented to, but rules of life to be governed by and acted upon.
It was due to Jefferson that our fathers laid deep the foundation of the State
in the moral law. They first set to mankind the great example, and exhibited
the mighty spectacle-the sublimest spectacle in the universe-of a great and
free people voluntarily governing itself by a law higher than its own desire.
The doctrine of the Declaration was by no means new or original, Much of it is
to be found in the prose writings of Milton. More than a hundred years before
Milton said: "No man who knows aught, can be so stupid as to deny that all men
were naturally born free; born to command and not to obey. They agreed by
common league to bind each other from mutual injury and jointly to defend
themselves against any that gave disturbance or opposition to such agreement.
Hence came cities, towns and commonwealths. This authority and power being
originally and naturally in every one of them, and unitedly in them all, they
communicated and derived to one or more than one. The first was called a king;
the others magistrates. Not to be their Lords and Masters, but to be their
deputies and commissioners. It follows that since the king or magistrate holds
his authority of the people, for their good in the first place, and not his
own, then may the people as oft as they shall judge it for the best either
choose him or reject him, retain him or depose him.
Special Introduction
though no tyrant, merely by the liberty and right of free-born men to be
governed as seems to them best.
" That governors are not lightly to be changed is true with respect to the
people's prudence, not to be the king's right."
" Nature teaches us to bear with oppression so long as there is a necessity for
so doing."
" What the people may lawfully do against a tyrant no man of clear judgment
need go further to be guided than by the very principles of nature in man."
Jefferson's Declaration ended by the declaration that, as our British brethren
had been deaf to the voice of justice and consanguinity, we must acquiesce in
the necessity that denounces our separation, and hold them as we hold the rest
of mankind, enemies in war; in peace, friends.
Milton thus ends his lofty affirmation :
" He therefore that keeps peace with me near or remote, of whatever nation, is
to me as far as all civil and human offices an Englishman and a neighbor, but
if an Englishman forgetting all laws, human, civil and religious, offend
against life and liberty, to him offended and to the law in his behalf, he is
not better than a Turk, a Saracen, a heathen."
If we are to trust abundant tradition, indeed if we are to take Jefferson's
evidence, found in the correspondence where he poured out his heart to his
intimate friends, he was by no means free from the faults common to his
time-common to humanity in all time He was no hypocrite. He made no
Special Introduction xi
pretense to be a saint. He liked political power and popularity. He had a
natural and honorable aspiration for the affection and good will of his
countrymen. He probably would not have said of himself as Washington did, that
he never said of a man what he would not say to him. But more than any other
statesman down to his time-more than any other statesman I can think of-save
Lincoln alone-he had a steadfast and abiding faith in justice, righteousness
and liberty as the prevailing and abiding forces in the conduct of States, and
that justice and righteousness were sure to prevail where any people bear rule
in perfect liberty. He accepted this doctrine with an unhesitating confidence.
He never failed to proclaim it on all occasions. For it he was ready to
encounter unpopularity, poverty, if need be, imprisonment and exile. Upon it,
as on a cornerstone, he laid the foundation of the Republic.
He was sometimes charged with dissimulation in the conduct of ordinary
politics. I think it will be found on thorough investigation, that that notion
took its rise from the sweet and kindly courtesy, and the affectionate nature
which liked to be on good terms with every human being. But however that might
be, he never failed to utter his opinion where freedom and justice were
concerned whoever might be hurt or whoever might be angered. In the midst of
slaveholding Virginia he was wont to speak of the cause of the abolition of
slavery as "the sacred side "and to say that he looked to the young for its
accomplishment.
xii Special Introduction
So far as appears, he took little pride in anything else that he accomplished
in his long life, great as were his other services to his country. He was
Secretary of State. He was Governor of Virginia. He was Minister to France. He
was Vice-President. He was President. He acquired Louisiana. Yet, when he gave
direction for his own epitaph, he cared to have none of these things
remembered. The simple inscription on his tomb at Monticello sums up in his
language as no other orator can, the character and career of Thomas Jefferson.
" Here was buried Thomas Jefferson, author of the Declaration of American
Independence, of the Statute of Virginia for religious freedom, and father of
the University of Virginia."
Political freedom, religious freedom, and the education that makes these
possible and safe were the ends for which he strove, the monuments by which he
desired to be remembered. Neither power, nor honor, nor office, nor popularity,
nor fame entered into the mighty heart or stirred that mighty soul.
I remember in my youth that a brilliant writer undertook with some success to
caricature Daniel Webster, although it was a rather audacious attempt. He
represents Mr. Webster as saying: The common opinion in the eastern hemisphere
is so and so-I differ from this eastern hemisphere." That was not so
unreasonable a thing for Daniel Webster to say. But if Thomas Jefferson had
said it it would occur to no man that it was either extrava-
Special Introduction xiii
gant or presumptuous. Thomas Jefferson was one of those men who can differ from
hemispheres, from generations, from administrations and from centuries with the
perfect assurance that on any question of liberty and righteousness, if the
opinion of Thomas Jefferson stand on one side and the opinion of mankind on the
other, the world will, in the end, come around to his way of thinking.
The American people, favored beyond any other in many things, is favored
especially in its great anniversaries. There is no other nation that celebrates
such things as we do. There is no other nation that has such things to
celebrate. The landing of the Pilgrims ; the Fourth of July ; the Nineteenth of
April; the Birthday of Washington; the Birthday of Lincoln; the Birthday of
Jefferson, and, I hope hereafter, the founding of the Northwest and the
Louisiana Treaty-these are not only great events in the history of our own
people, but they are great event's in the history of liberty. I have named
eight. Six of them are already established holidays, either by law, or in a
habit of the people powerful as law. Three of those--one of them perhaps the
foremost and most generally observed of all-belong not only to the history of
the country and of universal liberty, but to the life of Thomas Jefferson.
LINCOLN'S TRIBUTE TO JEFFERSON.
TO H. L. PIERCE AND OTHERS.
SPRINGFIELD, Ill., April 6, 1859.
GENTLEMEN: Your kind note inviting me to attend a festival in Boston, on the
28th instant, in honor of the birthday of Thomas Jefferson, was duly received.
My engagements are such that I cannot come.
Bearing m mind that about seventy years ago two great political parties were
first formed in this country, that Thomas Jefferson was the head of one of them
and Boston the headquarters of the other, it is both curious and interesting
that those supposed to descend politically from the party opposed to Jefferson
should now be celebrating his birthday in their own original seat and empire,
while those claiming political descent from him have nearly ceased to breathe
his name everywhere.
Remembering, too, that the Jefferson party formed upon the supposed superior
devotion to the personal rights of men, holding the rights of property to be
secondary only and greatly inferior, and assuming that the so called Democracy
of to-day are the Jefferson, and their opponents the anti-Jefferson party, it
will be equally interesting to note
xvi Lincoln's Tribute to Jefferson
how completely the two have changed hands as to the principle upon which they
were originally supposed to be divided. The Democracy of to-day hold the
liberty of one man to be absolutely nothing, when in conflict with another
man's right of property; Republicans, on the contrary, are for both the man and
the dollar, but in case of conflict the man before the dollar.
I remember being very much amused at seeing two partially intoxicated men
engaged in a fight with their great-coats on, which fight, after a long and
rather harmless contest, ended in each having fought himself out of his own
coat and into that of the other. If the two leading parties of this day are
really identical with the two in the days of Jefferson and Adams they have
performed the same feat as the two drunken men.
But soberly, it is now no child's play to save the principles of Jefferson from
total overthrow in this nation. One would state with great confidence that he
could convince any sane child that the simpler propositions of Euclid are true,
but nevertheless he would fail, utterly, with one who should deny the
definitions and axioms.
The principles. of Jefferson are the definitions and axioms of free society and
yet they are denied and evaded, with no small show of success. One dashingly
calls them "glittering generalities." Another bluntly calls them " self-evident
lies " and others insidiously argue that they apply to " superior
Lincoln's Tribute to Jefferson xvii
races." These expressions, differing in form, are identical in object and
effect-the supplanting the principles of free government, and restoring those
of classification, caste, and legitimacy. They would delight a convocation of
crowned heads plotting against the people. They are the vanguard, the miners
and sappers of returning despotism. We must repulse them, or they will
subjugate us. This is a world of compensation ; and he who would be no slave
must consent to have no slave. Those who deny freedom to others deserve it not
for themselves, and, under a just God, cannot long retain it. All honor to
Jefferson-to the man, who in the concrete pressure of a struggle for national
independence by a single people, had the coolness, forecaste, and sagacity to
introduce into a merely revolutionary document an abstract truth, applicable to
all men and all times, and so embalm it there that to-day and in all coming
days it shall be a rebuke and a stumbling-block to the very harbingers of
reappearing tyranny and oppression.
Your obedient servant,
A. LlNCOLN.
CONTENTS.
PAGE
DEDICATION
111
OFFICERS OF THE THOMAS JEFFERSON MEMORIAL
ASSOCIATION
V
INTRODUCTION BY SENATOR GEORGE F. HOAR VII
ABRAHAM LINCOLN'S TRIBUTE TO JEFFERSON XV
AUTOBIOGRAPHY
1-164
History and Form of the Declaration of Inde-
pendence, with facsimile of Jefferson's
original draft
17-39
Proposals for Concerted Operation among
Powers at war with the piratical States of
Barbary
97
Extracts from a Despatch of the Count de
Vergennes to the Marquis de Verac
110
APPENDIX TO AUTOBIOGRAPHY
165-262
(Note A) Letter to John Saunderson, Esq
165
Note for the Biography of Geo.
Wythe
166
(Note B) Letter to Samuel A. Wells, Esq
170
(Note C) On the Instructions given to the first
Delegation of Virginia to Congress
in August, 1774
181
(Note D) Instructions for the Deputies ap
pointed to meet in General Con-
gress On the part of Virginia
211
XX Contents
PAGE
(Note E) Letter to George Wythe, Esq
216
A Bill for proportioning Crimes
and Punishments in Cases here-
tofore Capital
218
(Note F) Notes on the Establishment ,of a
Money Unit and of a Coinage for
the United States.
239
Supplementary Explanations
251
(Note G) Thomas Jefferson's Summary of his
own Achievements..
256
(Note H) Letters of George Washington to
Thomas Jefferson
259--261
THE ANAS
265-492
Explanation of the Three Volumes Bound in
Marbled Paper
265
Conversation with Alexander Hamilton.
283
Conversations with President Washington
285
315, 327,330
Cabinet Meetings 358, 360, 361, 373,
377, 379,380
383, 389,
393, 397, 400, 401,402
406, 409,
410, 453, 481, 490,491
Memorandum of Meeting at the State House,
Philadelphia, relative to the case of the Little
Sarah
363
Reasons for Secretary of State's Dissent
365
Copy of a Minute given to President Washington
370
A Recapitulation of Questions whereupon Mem-
bers of the Cabinet have given opinions
371
Conference with President Washington
384
Conversation with John Adams
413
Dinner with President (John) Adams
420
Conversation with Aaron Burr
443
Conversation with the British Minister
485
JEFFERSON'S WORKS.
AUTOBIOGRAPHY, WITH APPENDIX.
JANUARY 6; 1821. At the age of 77, I begin to make some memoranda, and state
some recollections of dates and facts concerning myself, for my own more ready
reference, and for the information of my family. The tradition in my father's
family was, that their ancestor came to this country from Wales, and from near
the mountain of Snowdon, the highest in Great Britain. I noted once a case from
Wales, in the law reports, where a person of our name was either plaintiff or
defendant; and one of the same name was secretary to the Virginia Company.
These are the only instances in which I have met with the name in that country.
I have found it in our early records; but the first particular information I
have of any ancestor was of my grandfather, who lived at the place in
Chesterfield called Ozborne's, and owned the lands afterwards the glebe of the
parish. He had three sons; Thomas who died young, Field who settled on the
waters of Roanoke and left numerous descendants, and Peter, my father, who
settled on
VOL. I-I
Jefferson's Works 2
the lands I still own, called Shadwell, adjoining my present residence. He was
born February 29,1707-8, and intermarried 1739, with Jane Randolph, of the age
of 19, daughter of Isham Randolph, one of the seven sons of that name and
family, settled at Dungeoness in Goochland. They trace their pedigree far back
in England and Scotland, to which let every one ascribe the faith and merit he
chooses. My father's education had been quite neglected; but being of a strong
mind, sound judgment, and eager after information, he read much and improved
himself, insomuch that he was chosen, with Joshua Fry, Professor of Mathematics
in William and Mary college, to continue the boundary line between Virginia and
North Carolina, which had been begun by Colonel Byrd; and was afterwards
employed with the same Mr. Fry, to make the first map of Virginia which had
ever been made, that of Captain Smith being merely a conjectural sketch. They
possessed excellent materials for so much of the country as is below the Blue
Ridge ; little being then known beyond that ridge. He was the third or fourth
settler, about the year 1737, of the part of the country in which I live. He
died, August 17th, 1757, leaving my mother a widow, who lived till 1776, with
six daughters and two sons, myself the elder. To my younger brother he left his
estate on James River , called Snowdon, after the supposed birth-place of the
family: to myself, the lands on which I was born and live.
Autobiography 3
He placed me at the English school at five years of age; and at the Latin at
nine, where I continued until his death. My teacher, Mr. Douglas, a clergyman
from Scotland, with the rudiments of the Latin and Greek languages, taught me
the French; and on the death of my father, I went to the Reverend Mr. Maury, a
correct classical scholar, with whom I continued two years; and then, to wit,
in the spring of 1760, went to William and Mary college, where I continued two
years. It was my great good fortune, and what probably fixed the destinies of
my life, that Dr. William Small of Scotland, was then Professor of Mathematics,
a man profound in most of the useful branches of science, with a happy talent
of communication, correct and gentlemanly manners, and an enlarged and liberal
mind. He, most happily for me, became soon attached to me, and made me his
daily companion when not engaged in the school; and from his conversation I got
my first views of the expansion of science, and of the system of things in
which we are placed. Fortunately, the philosophical chair became vacant soon
after my arrival at college, and he was appointed to fill it per interim: and
he was the first who ever gave, in that college, regular lectures in Ethics,
Rhetoric and Belles Letters. He returned to Europe in 1762, having previously
filled up the measure of his goodness to me, by procuring for me, from his most
intimate friend, George Withe, a reception as a student of law, under his
direction, and introduced
4 Jefferson's Works
me to the acquaintance and familiar table of Governor Fauquier, the ablest man
who had ever filled that office. With him, and at his table, Dr. Small and Mr.
Withe, his amici omnium horarum, and myself, formed a partie quarrel, and to
the habitual conversations on these occasions I owed much instruction. Mr.
Withe continued to be my faithful and beloved mentor in youth, and my most
affectionate friend through life. In 1767, he led me into the practice of the
law at the bar of the General court, at which I continued until the Revolution
shut up the courts of justice.(l) In 1769, I became a member of the legislature
by the choice of the county in which I live, and so continued until it was
closed by the Revolution. I made one effort in that body for the permission of
the emancipation of slaves, which was rejected: and indeed, during the regal
government, nothing liberal could expect success. Our minds were circumscribed
within narrow Iimits, by an habitual belief that it was our duty to be
subordinate to the mother country in all matters of government, to direct all
our labors in subservience to her interests, and even to observe a bigoted
intolerance for all religions but hers. The difficulties with our
representatives were of habit and despair, not of reflection and conviction.
Experience soon proved that they could bring their minds to rights, on the
first summons of their attention. But the King's Council, which acted as
another house
_______________
[(1) See Appendix, note A.]
Autobiography 5
of legislature, held their places at will, and were in most humble obedience to
that will: the Governor too, who had a negative on our laws, held by the same
tenure, and with still greater devotedness to it : and, last of all, the Royal
negative closed the last door to every hope of amelioration.
On the 1st of January, 1772, I was married to Martha Skelton, widow of Bathurst
Skelton, and daughter of John Wayles, then twenty-three years old. Mr. Wayles
was a lawyer of much practice, to which he was introduced more by his great
industry, punctuality, and practical readiness, than by eminence in the science
of his profession. He was a most agreeable companion, full of pleasantry and
good humor, and welcomed in every society. He acquired a handsome fortune, and
died in May, 1773, leaving three daughters : the portion which came on that
event to Mrs. Jefferson, after the debts should be paid, which were very
considerable, was about equal to my own patrimony, and consequently doubled the
ease of our circumstances.
When the famous Resolutions of 1765, against the Stamp-act, were proposed, I
was yet a student of law in Williamsburg. I attended the debate, however, at
the door of the lobby of the House of Burgesses, and heard the splendid display
of Mr. Henry's talents as a popular orator. They were great indeed; such as I
have never heard from any other man. He appeared to me to speak as Homer wrote.
Mr. Johnson, a lawyer, and member from
6 Jefferson's Works the Northern Neck, seconded the resolutions, and by him the
learning and the logic of the case were chiefly maintained. My recollections of
these transactions may be seen page 60 of the life of Patrick Henry, by Wirt,
to whom I furnished them. In May, 1769, a meeting of the General Assembly was
called by the Governor, Lord Botetourt. I had then become a member; and to that
meeting became known the joint resolutions and address of the Lords and
Commons, of 1768-9, on the proceedings in Massachusetts. Counter-resolutions ,
and an address to the King by the House of Burgesses, were agreed to with
little opposition, and a spirit manifestly displayed itself of considering the
cause of Massachusetts as a common one. The Governor dissolved us: but we met
the next day in the Apollo(l) of the Raleigh tavern, formed ourselves into a
voluntary convention, drew up articles of association against the use of any
merchandise imported from Great Britain, signed and recommended them to the
people, repaired to our several counties, and were re-elected without any other
exception than of the very few who had declined assent to our proceedings.
Nothing of particular excitement occurring for a considerable time, our
countrymen seemed to fall into a state of insensibility to our situation; the
duty on tea, not yet repealed, and the declaratory act of a right in the
British Parliament to bind us
_______________
[(1) The name of a public room in the Raleigh.]
Autobiography 7
by their laws in all cases whatsoever, still suspended over us. But a court of
inquiry held in Rhode Island in 1762, with a power to send persons to England
to be tried for offences committed here, was considered, at our session of the
spring of 1773, as demanding attention. Not thinking our old and leading
members up to the point of forwardness and zeal which the times required, Mr.
Henry, Richard Henry Lee, Francis L. Lee, Mr. Carr and myself agreed to meet in
the evening, in a private room of the Raleigh, to consult on the state of
things. There may have been a member or two more whom I do not recollect. We
were all sensible that the most urgent of all measures was that of coming to an
understanding with all the other colonies, to consider the British claims as a
common cause to all, and to produce a unity of action : and, for this purpose,
that a committee of correspondence in each colony would be the best instrument
for intercommunication : and that their first measure would probably be, to
propose a meeting of deputies from every colony, at some central place, who
should be charged with the direction of the measures which should be taken by
all. We, therefore, drew up the resolutions which may be seen in Wirt, page 87.
The consulting members proposed to me to move them, but I urged that it should
be done by Mr. Carr, my friend and brother-in-law, then a new member, to whom I
wished an opportunity should be given of making known to the house his great
8 Jefferson's Works
worth and talents. It was so agreed; he moved them, they were agreed to nem.
con. and a committee of correspondence appointed, of whom Peyton Randolph, the
speaker; was chairman. The Governor (then Lord Dunmore) dissolved us, but the
committee met the next day, prepared a circular letter to the speakers of the
other colonies, inclosing to each a copy of the resolutions, and left it in
charge with their chairman to forward them by expresses. The origination of
these committees of correspondence between the colonies has been since claimed
for Massachusetts, and Marshall' has given into this error, although the very
note of his appendix to which he refers, shows that their establishment was
confined to their own towns. This matter will be seen clearly stated in a
letter of Samuel Adams Wells to me of April 2nd, 1819, and my answer of May
12th. I was corrected by the letter of Mr. Wells in the information I had given
Mr. Wirt, as stated in his note, page 87, that the messengers of Massachusetts
and Virginia crossed each other on the way, bearing similar propositions; for
Mr. Wells shows that Massachusetts did not adopt the measure, but on the
receipt of our proposition, delivered at their next session. Their message,
therefore, which passed ours, must have related to something else, for I well
remember Peyton Randolph's informing me of the crossing of our messengers.(2)
_______________
[ (1) Life of Washington, vol. ii., p, 151, [(2) See Appendix, note B.]
Autobiography 9
The next event which excited our sympathies for Massachusetts, was the Boston
port bill, by which that port was to be shut up on the 1st of June, 1774. This
arrived while we were in session in the spring of that year. The lead in the
House, on these subjects, being no longer left to the old members, Mr. Henry,
R. H. Lee, Fr. L. Lee, three or four other members, whom I do not recollect,
and myself, agreeing that we must boldly take an unequivocal stand in the line
with Massachusetts, determined to meet and consult on the proper measures, in
the council-chamber, for the benefit of the library in that room. We were under
conviction of the necessity of arousing our people from the lethargy into which
they had fallen, as to passing events; and thought that the appointment of a
day of general fasting and prayer would be most likely to call up and alarm
their attention. No example of such a solemnity had existed since the days of
our distresses in the war of '55, since which a new generation had grown up.
With the help, therefore, of Rushworth, whom we rummaged over for the
revolutionary precedents and forms of the Puritans of that day, preserved by
him, we cooked up a resolution, somewhat modernizing their phrases, for
appointing the 1st day of June, on which the portbill was to commence, for a
day of fasting, humiliation, and prayer, to implore Heaven to avert from us the
evils of civil war, to inspire us with firmness in support of our rights, and
to turn the hearts of
10 Jefferson's Works
the King and Parliament to moderation and justice. To give greater emphasis to
our proposition, we agreed to wait the next morning on Mr. Nicholas, whose
grave and religious character was more in unison with the tone of our
resolution, and to solicit him to move it. We accordingly went to him in the
morning. He moved it the same day; the 1st of June was proposed; and it passed
without opposition. The Governor dissolved us, as usual. We retired to the
Apollo, as before, agreed to an association, and instructed the committee of
correspondence to propose to the corresponding committees of the other
colonies, to appoint deputies to meet in Congress at such place, annually, as
should be convenient, to direct, from time to time, the measures required by
the general interest: and we declared that an attack on any one colony, should
be considered as an attack on the whole. This was in May. We further
recommended to the several counties to elect deputies to meet at Williamsburg,
the 1st of August ensuing, to consider the state of the colony, and
particularly to appoint delegates to a general Congress, should that measure be
acceded to by the committees of correspondence generally. It was .acceded to ;
Philadelphia was appointed for the place, and the 5th of September for the time
of meeting. We returned home, and in our several counties invited the clergy to
meet assemblies of the people on the 1st of June, to perform the ceremonies of
the day, and to address
Autobiography
to them discourses suited to the occasion. The people met generally, with
anxiety and alarm in their countenances, and the effect of the day, through the
whole colony, was like a shock of electricity, arousing every man, and placing
him erect and solidly on his centre. They chose, universally, delegates for the
convention. Being elected one for my own county, I prepared a draught of
instructions to be given to the delegates whom we should send to the Congress,
which I meant to propose at our meeting.(1) In this I took the ground that,
from the beginning, I had thought the only one orthodox or tenable, which was,
that the relation between Great Britain and these colonies was exactly the same
as that of England and Scotland, after the accession of James, and until the
union, and the same as her present relations with Hanover, having the same
executive chief, but no other necessary political connection ; and that our
emigration from England to this country gave her no more rights over us, than
the emigrations of the Danes and Saxons gave to the present authorities of the
mother country, over England. In this doctrine, however, I had never been able
to get any one to agree with me but Mr. Withe. He concurred in it from the
first dawn of the question, What was the political relation between us and
England? Our other patriots, Randolph, the Lees, Nicholas, Pendleton, stopped
at the half-way house of John
_______________
[(1) See Appendix, note C.]
11 Jefferson's Works
Dickinson, who admitted that England had a right -to regulate our commerce, and
to lay duties on it for the purposes of regulation, but not of raising revenue.
But for this ground there was no foundation in compact, in any acknowledged
principles of colonization, nor in reason: expatriation being a natural right,
and acted on as such, by all nations, in all ages. I set out for Williamsburg
some days before that appointed for our meeting, but was taken ill of a
dysentery on the road, and was unable to proceed. I sent on, therefore, to
Williamsburg two copies of my draught, the one under cover to Peyton Randolph,
who I knew would be in the chair of the convention, the other to Patrick Henry.
Whether Mr. Henry disapproved the ground taken, or was too lazy to read it (for
he was the laziest man in reading I ever knew) I never learned : but he
communicated it to nobody. Peyton Randolph informed the convention he had
received such a paper from a member, prevented by sickness from offering it in
his place, and he laid it on the table for perusal. It was read generally by
the members approved by many, though thought too bold for the present state of
things ; but they printed it in pamphlet form, under the title of "A Summary
View of the Rights of British America." It found its way to England, was taken
up by the opposition, interpolated a little by Mr. Burke so as to make it
answer opposition purposes, and in that form ran rapidly through several
editions. This information
Autobiography 13
I had from Parson Hurt, who happened at the time to be in London, whither he
had gone to receive clerical orders; and I was informed afterwards by Peyton
Randolph, that it had procured me the honor of having my name inserted in a
long list of proscriptions, enrolled in a bill of attainder commenced in one of
the Houses of Parliament, but suppressed in embryo by the hasty step of events,
which warned them to be a little cautious. Montague, agent of the House of
Burgesses in England, made extracts from the bill, copied the names, and sent
them to Peyton Randolph. The names, I think, were about twenty, which he
repeated to me, but I recollect those only of Hancock, the two Adamses, Peyton
Randolph himself, Patrick Henry, and myself.(1) The convention met on the 1st
of August, renewed their association, appointed delegates to the Congress, gave
them instructions very temperately and properly expressed, both as to style and
matter;(2) and they repaired to Philadelphia at the time appointed. The
splendid proceedings of that Congress, at their first session, belong to
general history, are known to every one, and need not therefore be noted here.
They terminated their session on the 26th of October, to meet again on the 10th
of May ensuing. The convention, at their ensuing session of March, ' approved
of the proceedings of Congress, thanked
_______________
[(1) See Girardin's History of Virginia, Appendix No. 12. note. (2) See
Appendix, note D.]
14 Jefferson's Works
their delegates, and reappointed the same persons to represent the colony at
the meeting to be held in May: and foreseeing the probability that Peyton
Randolph, their president, and speaker also of the House of Burgesses, might be
called off, they added me, in that event, to the delegation. Mr. Randolph was,
according to expectation, obliged to leave the chair of Congress, to attend the
General Assembly summoned by Lord Dunmore, to meet on the 1st day of June,
1775. Lord North's conciliatory propositions, as they were called, had been
received by the Governor, and furnished the subject for which this assembly was
convened. Mr. Randolph accordingly attended, and the tenor of these
propositions being generally known, as having been addressed to all the
governors, he was anxious .that the answer of our Assembly, likely to be the
first, should harmonize with what he knew to be the sentiments and wishes of
the body he had recently left. He feared that Mr. Nicholas, whose mind was not
yet up to the mark of the times, would undertake the answer, and therefore
pressed me to prepare it. I did so, and, with his aid, carried it through the
House, with long and doubtful scruples from Mr. Nicholas and James Mercer, and
a dash of cold water on it here and there, enfeebling it somewhat, but finally
with unanimity, or a vote approaching it. This being passed, I repaired
immediately to Philadelphia, and conveyed to Congress the first notice they had
of it. It was entirely
Autobiography 15
approved there. I took my seat with them on the 21st of June. On the 24th, a
committee which had been appointed to prepare a declaration of the causes of
taking up arms, brought in their report (drawn I believe by J. Rutledge) which,
not being liked, the House recommitted it, on the 26th, and added Mr. Dickinson
and myself to the committee. On the rising of the House, the committee having
not yet met, I happened to find myself near Governor W. Livingston, and
proposed to him to draw the paper. He excused himself and proposed that. I
should draw it. On my pressing him with urgency,
" we are as yet but new acquaintances, sir," said he," why are you so earnest
for my doing it? " " Because," said I, " I have been informed that you drew the
Address to the people of Great Britain, a production, certainly, of the finest
pen in America."
" On that," says he, " perhaps, sir, you may not have been correctly informed."
I had received the information in Virginia from Colonel Harrison on his return
from that Congress. Lee, Livingston, and Jay had been the committee for that
draught. The first, prepared by Lee, had been disapproved and recommitted. The
second was drawn by Jay, but being presented by Governor Livingston, had led
Colonel Harrison into the error. The next morning, walking in the hall of
Congress, many members being assembled, but the House not yet formed, I
observed Mr. Jay speaking to R. H. Lee, and leading him by the button of his
coat to me. " I
16 Jefferson's Works
understand, sir," said he to me, " that this gentleman informed you, that
Governor Livingston drew the Address to the people of Great Britain." I assured
him, at once, that I had not received that information from Mr. Lee, and that
not a word had ever passed on the subject between Mr. Lee and myself; and after
some explanations the subject was dropped. These gentlemen had had some
sparrings in debate before, and continued ever very hostile to each other. , I
prepared a draught of the declaration committed to us. It was too strong for
Mr. Dickinson. He still retained the hope of reconciliation with the mother
country, and was unwilling it should be Lessened by offensive statements. He
was so honest a man, and so able a one, that he was greatly indulged even by
those who could not feel his scruples. We therefore requested him to take the
paper, and put it into a form he could approve. He did so, preparing an entire
new statement, and preserving of the former only the last four paragraphs and
half of the preceding one. We approved and reported it to Congress, who
accepted it. Congress gave a signal proof of their indulgence to Mr. Dickinson,
and of their great desire not to go too fast for any respectable part of our
body, in permitting him to draw their second petition to the King according to
his own ideas, and passing it with scarcely any amendment. The disgust against
this numility was general; and Mr. Dickinson's delight
Autobiography 17
at its passage was the. only circumstance which reconciled them to it. The vote
being passed, although further observation on it was out of order, he could not
refrain from rising and expressing his satisfaction, and concluded by saying, "
there is but one word, Mr. President, in the paper which I disapprove, and that
is the word Congress; " on which Ben Harrison rose and said, " There is but one
word in the paper, Mr. President, of which I approve, and that is the word
Congress." On the 22d of July, Dr. Franklin, Mr. Adams, R. H. Lee, and myself,
were appointed a committee to consider and report on Lord North's conciliatory
resolution. The answer of the Virginia Assembly on that subject having been
approved, I was requested by the committee to prepare this report, which will
account for the similarity of feature in the two instruments. On the l5th of
May, 1776, the convention of Virginia instructed their delegates in Congress,
to propose to that body to declare the colonies independent of Great Britain,
and appointed a committee to prepare a declaration of rights and plan of
government. `In Congress, Friday, June 7, 1776. The dele
_______________
[(1) Here, in the original manuscript, commence the "two preceding sheets"
referred to by Mr. Jefferson, page 26, as containing "notes" taken by him
"whilst these things were going on." They are easily distinguished from the
body of the MS. in which they were inserted by him, being of a paper very
different in size, quality and color, from that in which the latter is
written.)
vol..1-a.
18 Jefferson's Works
gates from Virginia moved, in obedience to instructions from their
constituents, that the Congress should declare that these United colonies are,
and of right ought to be, free and independent states, that they are absolved
from all allegiance to the British crown, and that all political connection
between them and the state of Great Britain is, and ought to be, totally
dissolved; that measures should be immediately taken for procuring the
assistance of foreign powers, and a Confederation be formed. to bind the
colonies more closely together. The House being obliged to attend at that time
to some other business, the proposition was referred to the next day, when the
members were ordered to attend punctually at ten o'clock. Saturday, June 8.
They proceeded to take it into consideration, and referred it to a committee of
the whole, into which .they immediately resolved themselves, and passed that
day and Monday, the loth, in debating on the subject. It was argued by Wilson,
Robert R. Livingston, E. Rutledge, Dickinson, and others that, though they were
friends to the measures themselves, and saw the impossibility that we should
ever again be united with Great Britain, yet they were against adopting them at
this time : That the conduct we had formerly observed was wise and proper now,
of deferring to take any capital step till the voice of the people drove us
into it :
Autobiography 19
That they were our power, and without them our declarations could not be
carried into effect: That the people of the middle colonies (Maryland,
Delaware, Pennsylvania, the Jerseys and New York) were not yet ripe for bidding
adieu to British connection, but that they were fast ripening, and, in a short
time, would join in the general voice of America : That the resolution, entered
into by this House on the l5th of May, for suppressing the exercise of all
powers derived from the crown, had shown, by the ferment into which it had
thrown these middle colonies, that they had not yet accommodated their minds to
a separation from the mother country : That some of them had expressly
forbidden their delegates to consent to such a declaration, and others had
given no instructions, and consequently no powers to give such consent : That
if the delegates of any particular colony had no power to declare such colony
independent, certain they were, the others could not declare it for them; the
colonies being as yet perfectly independent of each other : That the assembly
of Pennsylvania was now sitting above stairs, their convention would sit within
a few days, the convention of New York was now sitting, and those of the
Jerseys and Delaware counties would meet on the Monday following, and it was
probable these bodies would
20 Jefferson's Works
take up the question of Independence, and would declare to their delegates the
voice of their state : That if such a declaration should now be agreed to,
these delegates must retire, and possibly their colonies might secede from the
Union : That such a secession would weaken us more than could be compensated by
any foreign alliance: That in the event of such a division, foreign powers
would either refuse to join themselves to our fortunes, or, having us so much
in their power as that desperate declaration would place us, they would insist
on terms proportionably more hard and prejudicial : That we had little reason
to expect an alliance with those to whom alone, as yet, we had cast our eyes :
That France and Spain had reason to be jealous of that rising power, which
would one day certainly strip them of all their American possessions : That it
was more likely' they should form a connection with the British court, who, if
they should find themselves unable otherwise to extricate themselves from their
difficulties, would agree to a partition of our territories, restoring Canada
to France, and the Floridas to Spain, to accomplish for themselves a recovery
of these colonies : That it would not be long before we should receive certain
information of the disposition of the French court, from the agent whom we had
sent to Paris for that purpose:
Autobiography 21
That if this disposition should be favorable, by waiting the event of the
present campaign, which we all hoped would be successful, we should have reason
to expect an alliance on better terms : That this would in fact work no delay
of any effectual aid from such ally, as, from the advance of the season and
distance of our situation, it was impossible we could receive any assistance
during this campaign : That it was prudent to fix among ourselves the terms on
which we should form alliance, before we declared we would form one at all
events: And that if these were agreed on, and our Declaration of Independence
ready by the time our Ambassador should be prepared to sail, it would be as
well as to go into that Declaration at this day. On the other side, it was
urged by J. Adams, Lee, Withe, and others, that no gentleman had argued against
the policy or the right of separation from Britain, nor had supposed it
possible we should ever renew our connection ; that they had only opposed its
being now declared : That the question was not whether, by a Declaration of
Independence, we should make ourselves what we are not ; but whether we should
declare a fact which already exists: That, as to the people or parliament of
England, we had always been independent of them, their restraints on our trade
deriving efficacy from our acquiescence only, and not from any rights they
22 Jefferson's Works
possessed of imposing them, and that so far, our connection had been federal
only, and was now dissolved by the commencement of hostilities : That, as to
the King, we had been bound to him by allegiance, but that this bond was now
dissolved by his assent to the last act of Parliament, by which he declares us
out of his protection, and by his levying war on us, a fact which had long ago
proved us out of his protection; it being a certain position in law, that
allegiance and protection are reciprocal, the one ceasing when the other is
withdrawn : That James the Second never declared the people of England out of
his protection, yet his actions proved it, and the Parliament declared it : No
delegates then can be denied, or ever want, a power of declaring an existing
truth : That the delegates from the Delaware counties having declared their
constituents ready to join, there are only two colonies, Pennsylvania and
Maryland, whose delegates are absolutely tied up, and that these had, by their
instructions, only reserved a right of confirming or rejecting the measure :
That the instructions from Pennsylvania might be accounted for from the times
in which they were drawn, near a twelvemonth ago, since which the face of
affairs has totally changed: That within that time, it had become apparent that
Britain was determined to accept nothing less than a carte-blanche, and that
the King's answer to
Autobiography 23
the Lord Mayor, Aldermen and Common Council of London, which had come to hand
four days ago, must have satisfied every one of this point : That the people
wait for us to lead the way: That they are in favor of the measure, though the
instructions given by some of their representatives are not : That the voice of
the representatives is not always consonant with the voice of the people, and
that this is remarkably the case in these middle colonies : That the effect of
the resolution of the l5th of May has proved this, which, raising the murmurs
of some in the colonies of Pennsylvania and Maryland, called forth the opposing
voice of the freer part of the people, and proved them to be the majority even
in these colonies: That the backwardness of these two colonies might be
ascribed, partly to the influence of proprietary power and connections, and
partly, to their having not yet been attacked by the enemy : That these causes
were not likely to be soon removed, as there seemed no probability that the
enemy would make either of these the seat of this summer's war : That it would
be vain to wait either weeks or months for perfect unanimity, since it was
impossible that all men should ever become of one sentiment on any question :
That the conduct of some colonies, from the beginning of this contest, had
given reason to
24 Jefferson's Works
suspect it was their settled policy to keep in the rear of the confederacy,
that their particular prospect might be better, even in the worst event : That,
therefore, it was necessary for those colonies who had thrown themselves
forward and hazarded all from the beginning, to come forward now also, and put
all again to their own hazard : That the history of the Dutch Revolution, of
whom three states only confederated at first, proved that a secession of some
colonies would not be so dangerous as some apprehended: That a Declaration of
Independence alone could render it consistent with European delicacy, for
European powers to treat with us, or even to receive an Ambassador from us :
That till this, they would not receive our vessels into their ports, nor
acknowledge the adjudications of our courts of admiralty to be legitimate, in
cases of capture of British vessels : That though France and Spain may be
jealous of our rising power, they must think it will be much more formidable
with the addition of Great Britain; and will therefore see it their interest to
prevent a coalition; but should they refuse, we shall be but where we are ;
whereas without trying, we shall never know whether they will aid us or not :
That the present campaign may be unsuccessful, and therefore we had better
propose an alliance while our affairs wear a hopeful aspect : That to wait the
event of this campaign will
Autobiography 25
certainly work delay, because, during the summer, France may assist us
effectually, by cutting off those supplies of provisions from England and
Ireland, on which the enemy's armies here are to depend; or by setting in
motion the great power they have collected in the West Indies, and calling our
enemy to the defense of the possessions they have there : That it would be idle
to lose time in settling the terms of alliance, till we had first determined we
would enter into alliance : That it is necessary to lose no time in opening a
trade for our people, who will want clothes, and will want money too, for the
payment of taxes: And that the only misfortune is, that we did not enter into
alliance with France six months sooner, as, besides opening her ports for the
vent of our last year's produce, she might have marched an army into Germany,
and prevented the petty princes there, from selling their unhappy subjects to
subdue us. It appearing in the course of these debates, that the colonies of
New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina were
not yet matured for falling from the parent stem, but that they were fast
advancing to that state, it was thought most prudent to wait a while for them,
and to postpone the final decision to July 1st ; but, that this might occasion
as little delay as possible, a committee was appointed to
26 Jefferson's Works
prepare a Declaration of Independence. The committee were John Adams, Dr.
Franklin, Roger Sherman, Robert R. Livingston, and myself. Committees were also
appointed, at the same time, to prepare a plan of confederation for the
colonies, and to state the terms proper to be proposed for foreign alliance.
The committee for drawing the Declaration of Independence, desired me to do it.
It was accordingly done, and being approved by them, I reported it to the House
on Friday, the 28th of June, when it was read, and ordered to lie on the table.
On Monday, the 1st of July, the House resolved itself into a committee of the
whole, and resumed the consideration of the original motion made by the
delegates of Virginia, which, being again debated through the day, was carried
in the affirmative by the votes of New Hampshire, Connecticut, Massachusetts,
Rhode Island, New Jersey, Maryland, Virginia, North Carolina and Georgia. South
Carolina and Pennsylvania voted against it. Delaware had but two members
present, and they were divided. The 'delegates from New York declared they were
for it themselves, and were assured their constituents were for it; but that
their instructions having been drawn near a twelvemonth before, when
reconciliation was still the general object, they were enjoined by them to do
nothing which should impede that object. They, therefore, thought themselves
not justifiable in voting on either side, and asked leave to withdraw
Autobiography 27
from the question; which was given them. The committee rose and reported their
resolution to the House. Mr. Edward Rutledge, of South Carolina, then requested
the determination might be put off to the next day, as he believed his
colleagues, though they disapproved of the resolution, would then join in it
for the sake of unanimity. The ultimate question, whether the House would agree
to the resolution of the committee, was accordingly postponed to the next day,
when it was again moved, and South Carolina concurred in voting for it. In the
meantime, a third member had come post from the Delaware counties, and turned
the vote of that colony in favor of the resolution. Members of a different
sentiment attending that morning from Pennsylvania also, her vote was changed,.
so that the whole twelve colonies who were authorized to vote at all, gave
their voices for it; and, within a few days,(l) the convention of New York
approved of it, and thus supplied the void occasioned by the withdrawing of her
delegates from the vote. Congress proceeded the same day to consider the
Declaration of Independence, which had been reported and lain on the table the
Friday preceding, and on Monday referred to a committee of the whole. The
pusillanimous idea that we had friends in England worth keeping terms with,
still haunted the minds of many. For this reason, those passages which conveyed
censures on the people of England
_______________
[ (1) July 9.]
28 Jefferson's Works
were struck out, lest they should give them offence. The clause too,
reprobating the enslaving the inhabitants of Africa, was struck out in
complaisance to South Carolina and Georgia, who had never attempted to restrain
the importation of slaves, and who, on the contrary, still wished to continue
it. Our northern brethren also, I believe, felt a little tender under those
censures; for though their people had very few slaves themselves, yet they had
been pretty considerable carriers of them to others. The debates, having taken
up the greater parts of the 2d, 3d, and 4th days of July, were, on the evening
of the last, closed; the Declaration was reported by the committee, agreed to
by the House, and signed by every member present, except Mr. Dickinson. As the
sentiments of men are known not only by what they receive, but what they reject
also, I will state the form of the Declaration as originally reported. The
parts struck out by Congress shall be distinguished by a black line drawn under
them;(l) and those inserted by them shall be placed in the margin, or in a
concurrent column.
A Declaration by the Representatives of the United States of America, in
General Congress assembled. When, in the course of human events, it becomes
necessary for one people to dissolve the political bands which have connected
_______________
[1 In this publication, the parts struck out are printed in Italics and
inclosed in brackets.]
Autobiography 29
them with another, and to assume among
the powers of the earth the separate and
equal station to which the laws of nature
and of nature's God entitle them, a decent
respect to the opinions of mankind requires
that they should declare the causes which
impel them to the separation.
We hold these truths to be self evident:
that all men are created equal; that they
are endowed by their Creator with [inherent (certain)
and] inalienable rights ; that among these
are life, liberty, and the pursuit of happi-
ness ; that to secure these rights, govern-
ments are instituted among men, deriving
their just powers from the consent of the
governed ; that whenever any form of gov-
ernment becomes destructive of these ends,
it is the right of the people to alter or to
abolish it, and to institute new govern-
ment, laying its foundation on such prin-
ciples, and organizing its powers in such
form, as to them shall seem most likely to
effect their safety and happiness. ' Pru-
dence, indeed, will dictate that governments
long established should not be changed for
light and transient causes ; and accord-
ingly all experience hath shown that man
kind are more disposed to suffer while evils
are sufferable, than to right themselves by
abolishing the forms to which they are
30 Jefferson's Works
customed. But when a long train of
abuses and usurpations, [begun at a dis-
tinguished period and] pursuing invariably
the same object, evinces a design to reduce
them under absolute despotism, it is their
right, it is their duty to throw off such
government, and to provide new guards
for their future security. Such has been
the patient sufferance of these colonies;
and such is now the necessity which con
strains them to [expunge] their former sys- (alter)
tems of government. The history of the
present king of Great Britain is a history
of [unremitting] injuries and usurpations,
(repeated)
[among which appears no solitary fact to (all
having)
contradict the uniform tenor of the rest, but
all have] in direct object the establishment
of an absolute tyranny over these states.
To prove this, let facts be submitted to a
candid world [ for the truth of which we
pledge a faith yet unsullied by falsehood.]
He has refused his assent to laws the
most wholesome and necessary for the
public good.
He has forbidden his governors to pass
laws of immediate and pressing importance,
unless suspended in their operation till his
assent should be obtained; and, when so
suspended, he has utterly neglected to
attend to them.
Autobiography 31
He has refused to pass other laws for the
accommodation of large districts of people,
unless those people would relinquish the
right of representation in the legislature, a
right inestimable to them, and formidable
to tyrants only.
He has called together legislative bodies
at places unusual, uncomfortable, and dis
tant from the depository of their public
records, for the sole purpose of fatiguing
them into compliance with his measures.
He has dissolved representative houses
repeatedly [and continually] for opposing
with manly firmness his invasions on the
rights of the people.
He has refused for a long time after such
dissolutions to cause others to be elected,
whereby the legislative powers, incapable
of annihilation, have returned to the people
at large for their exercise, the state remain-
ing, in the meantime, exposed to all the
dangers of invasion from without and con-
vulsions within.
He has endeavored to prevent the popu-
lation of these states; for that purpose
obstructing the laws for naturalization of
foreigners, refusing to pass others to en
courage their migrations hither, and raising
the conditions of new appropriations of
lands.
32 Jefferson's Works
He has [suffered] the administration of
(obstructed)
justice [totally to cease in some of these states]
(by)
refusing his assent to laws for establishing
judiciary powers.
He has made [our] judges dependent on
his will alone for the tenure of their offices,
and the amount and payment of their salaries.
He has erected a multitude of new offices,
[by a self-assumed power] and sent hither
swarms of new officers to harass our people
and eat out their substance.
He has kept among us in times of peace
standing armies [and ships of war] without
the consent of our legislatures.
He has affected to render the military
independent of, and superior to, the civil
power.
He has combined with others to subject
us to a jurisdiction foreign to our consti-
tutions and unacknowledged by our laws,
giving his assent to their acts of pretended
legislation for quartering large bodies of
armed troops among us; for protecting
them by a mock trial from punishment for
any murders which they should commit on
the inhabitants of these states; for cutting
off our trade with all parts of the world;
for imposing taxes on us without our con
sent; for depriving us [ ] of the benefits (in many
cases)
Autobiography 33
of trial by jury ; for transporting us beyond
seas to be tried for pretended offences; for
abolishing the free system of English laws
in a neighboring province; establishing
therein an arbitrary government, and en-
larging its boundaries, so as to render it at
once an example and fit instrument for
introducing the same absolute rule into
these [states]; for taking away our charters,
(colonies)
abolishing our most valuable laws, and
altering fundamentally the forms of our
governments; for suspending our own legis-
latures, and declaring themselves invested
with power to legislate for us in all cases
whatsoever.
He has abdicated government here [with- (by
declaring us)
drawing his governors, and declaring us out (out
of his protection)
of his allegiance and protection.]
( and waging war)
He has plundered our seas, ravaged our
(against us.)
coasts, burnt our towns, and destroyed the
lives of our people.
He is at this time transporting large
armies of foreign mercenaries to complete
the works of death, desolation and tyranny
already begun with circumstances of cruelty
and perfidy [ ] unworthy the head of a
(scarcely paralleled)
civilized nation.
(in the most barbarous)
He has constrained our fellow citizens
(ages, and totally)
taken captive on the high seas, to bear
arms against their country, to become the
VOL. I-3
34 Jefferson's Works
executioners of their friends and brethren,
or to fall themselves by their hands.
He has [ ] endeavored to bring on the (excited
domestic)
inhabitants of our frontiers, the merciless (
insurrection)
Indian savages, whose known rule of war (among us and has)
fare is an undistinguished destruction of all
ages, sexes and conditions [of existence].
[He has incited treasonable insurrections of
our fellow citizens, with the allurements of
forfeiture and confiscation of our property.
He has waged cruel way against human
nature itself, violating its most sacred nights
of life and liberty in the persons of a distant
people who never offended him, captivating
and carrying them into slavery in another
hemisphere, or to incur miserable death in
their transportation thither. This piratical
wayfare, the Opprobium of INFIDEL powers, is
the warfare of the CHRISTIAN king of Great
Britain.. Determined to keep open a market
where men should be bought and sold, he has
prostituted his negative for suppressing every
legislative attempt to prohibit or to restrain
this. execrable commerce. And that this as-
semblage of horrors might want no fact of
distinguished die, he is now exciting those
very people to rise in arms among us, and
to purchase that liberty of which he has
deprived them, by murdering the people on
whom he also obtruded them: thus paying
Autobiography 35
off former crimes committed against the
LIBERTIES of one people, with crimes which
he urges them to commit against the LIVES
of another.]
In every stage of these oppressions we
have petitioned for redress in the most
humble terms : our repeated petitions have
been answered only by repeated injuries.
A prince whose character is thus marked
by every act which may define a tyrant is
unfit to be the ruler of a [ ] people [who
(free)
mean to be free. Future ages will scarcely
believe that the hardiness of one man adven-
tured, within the short compass of twelve
years only, to lay a foundation so broad and
so undisguised for tyranny over a people
fostered and fixed in principles of freedom].
Nor have we been wanting in attentions
to our British brethren. We have warned
them from time to time of attempts by
their legislature to extend [a ] jurisdiction
(an unwarrantable)
over [these our states]. We have reminded
them of the circumstances of our emigra-
tion and settlement here, [no one of which
could warrant so strange a pretension: that
these were effected at the expense of our own
blood and treasure, unassisted by the wealth
or the strength of Great Britain: that in
constituting indeed our several forms of gov-
ernment, we had adopted one common king,
36 Jefferson's Works
thereby Laying a foundation for perpetual
league and amity with them: but that sub
mission to their parliament was no part of
our constitution, nor ever in idea, if history
may be credited: and,] we [ ] appealed to (have)
their native justice and magnanimity [as (and
we have)
well as to] the ties of our common kindred
(conjured them by)
to disavow these usurpations which [were (would
inevitably)
likely to] interrupt our connection and cor-
respondence. They too have been deaf to
the voice of justice and of consanguinity,
[and when occasions have been given them,
by the regular course of their laws, of removing
from their councils the disturbers of our har-
mony, they have, by their free election, re
established them in power. At this very time
too, they are permitting their chief magistrate
to send over not only soldiers of our common
blood, but Scotch and foreign mercenaries to
invade and destroy us. These facts have
given the last stab to agonizing affection, and
manly spirit bids us to renounce forever these
unfeeling brethren. We must endeavor to
forget our former love for them, and hold
them as we hold the rest of mankind, enemies
in war in peace friends. We might have
been a free and a great people together; but
a communication of grandeur and of freedom,
it seems, is below their dignity. Be it so
since they will have it. The road to happi-
Autobiography 37
ness and to glory is open to us, too. We will
tread it apart from them, and] acquiesce in (We
must therefore)
the necessity which denounces our [eternal] (and hold
them as we)
separation [ ]!
(hold the rest of mankind,)
(enemies in war, in peace friends)
We therefore the representatives of ³We, therefore, the representatives
of
the United States of America in ³the United States of America in
General Congress assembled, do in ³General Congress assembled,
the name, and by the authority of ³appealing to the supreme judge of
the good people of these [states ³the world for the rectitude of our
reject and renounce all allegiance ³intentions, do in the name, and by
and subjection to the kings of Great ³the authority of the good people
of
Britain and all others who may ³these colonies, solemnly publish and
hereafter claim by, through or under ³declare, that these united
colonies
them; we utterly dissolve all political ³are, and of right ought to be
free
connection which may heretofore ³and independent states ; that they
have subsisted between us and the ³are absolved from all allegiance to
people or parliament of Great Britain: ³the British crown, and that all
and finally we do assert and declare ³political connection between them
and
these colonies to be free and ³the state of Great Britain is, and
independent states,] and that as free ³ought to be, totally dissolved;
and
and independent states, ³that as free
they have full power to levy war, ³and independent states, they have
conclude peace, contract alliances, ³full power to levy war, conclude
establish commerce, and to do all ³peace, contract alliances, establish
other acts and things which ³commerce, and to do all other acts
independent states may of right do. ³and things which independent states
And for the support of this ³may of right do.
declaration, we mutually pledge to ³And for the support of this
each other our lives, our fortunes, ³declaration, with a firm reliance
on
and our sacred honor. ³the protection of divine providence,
³we mutually pledge to each other our
³lives, our fortunes, and our sacred
³honor.
38 Jefferson's Works
The Declaration thus signed on the 4th, on paper, was engrossed on parchment,
and signed again on the 2d of August.
[Some erroneous statements of the proceedings on the Declaration of
Independence having got before the public in latter times, Mr. Samuel A. Wells
asked explanations of me, which are given in my letter to him of May 12, ' 19,
before and now again referred to. I took notes in my place while these things
were going on, and at their close wrote them out in form and with correctness,
and from 1 to 7 of the two preceding sheets, are the originals then written; as
[(1) See Appendix, note B.]
Autobiography 39
the two following are of the earlier debates on the Confederation, which I took
in like manner.(1)]
On Friday, July 12, the committee appointed to
draw the articles of Confederation reported them, and, on the 22d, the House
resolved themselves into a committee to take them into consideration. On the
30th and 31st of that month, and 1st of the ensuing, those articles were
debated which determined the proportion, or quota, of money which each state
should furnish to the common treasury, and the manner of voting in Congress.
The first of these articles was expressed in the original draught in these
words. " Art. XI. All charges of war and all other expenses that shall be
incurred for the common defense, or general welfare, and allowed by the United
States assembled, shall be defrayed out of a common treasury, which shall be
supplied by the several colonies in proportion to the number of inhabitants of
every age, sex, and quality, except Indians not paying taxes, in each colony, a
true account of which, distinguishing the white inhabitants, shall be
triennially taken and transmitted to the Assembly of the United States."
Mr. Chase moved that the quotas should be fixed, not by the number of
inhabitants of every condition,
[(1) The above note of the author is on a slip of paper, pasted in at the end
of the Declaration. Here is also sewed into the MS. a slip of newspaper
containing, under the head " Declaration of Independence," a letter from Thomas
M'Kean, to Messrs. William M'Corkle & Son dated
"Philadelphia, June 16, 1817." This letter is to be found in the Port Folio,
Sept. l817, p. 249.]
40 Jefferson's Works
but by that of the "white inhabitants." He admitted that taxation should be
always in proportion to property, that this was, in theory, the true rule but
that, from a variety of difficulties, it was a rule which could never be
adopted in practice. The value of the property in every State, could never be
estimated justly and equally. Some other measure for the wealth of the State
must therefore be devised, some standard referred to, which would be more
simple. He considered the number of inhabitants as a tolerably good criterion
of property, and that this might always be obtained. He therefore thought it
the best mode which we could adopt, with one exception only : he observed that
negroes are property, and as such, cannot be distinguished from the lands or
personalities held in those States where there are few slaves; that the surplus
of profit which a Northern farmer is able to lay by, he invests in cattle,
horses, &c., whereas a Southern farmer lays out the same surplus in slaves.
There is no more reason, therefore, for taxing the Southern States on the
farmer's head, and on his slave's head, than the Northern ones on their
farmer's heads and the heads of their cattle; that the method proposed would,
therefore, tax the Southern States according to their numbers and their wealth
conjunctly, while the Northern would be taxed on numbers only : that negroes,
in fact, should not be considered as members of the State, more than cattle,
and that they have no more interest in it.
Autobiography 41
Mr. John Adams observed; that the numbers of people were taken by this article,
as an index of the wealth of the State, and not as subjects of taxation; that,
as to this matter, it was of no consequence by what name you called your
people, whether by that of freemen or of slaves; that in some countries the
Iaboring poor were called freemen, in others they were called slaves ; but that
the difference as to the state was imaginary only. What matters it whether a
landlord, employing ten laborers on his farm, gives them annually as much money
as will buy them the necessaries of life, or gives them those necessaries at
short hand? The ten laborers add as much wealth annually to the State, increase
its exports as much in the one case as the other. Certainly five hundred
freemen produce no more profits, no greater surplus for the payment of taxes,
than five hundred slaves. Therefore, the State in which are the laborers called
freemen, should be taxed no more than that in which are those called slaves.
Suppose, by an extraordinary operation of nature or of law, onehalf the
laborers of a State could in the course of one night be transformed into
slaves; would the State be made the poorer or the less able to pay taxes ? That
the condition of the laboring poor in most countries, that of the fishermen
particularly of the Northern States, is as abject as that of slaves. It is the
number of laborers which produces the surplus for taxation, and numbers,
therefore, indiseriminately, are the fair index of wealth; that it is
42 Jefferson's Works
the use of the word " property " here, and its application to some of the
people of the State, which produces the fallacy. How does the Southern farmer
procure slaves? Either by importation or by purchase from his neighbor. If he
imports a slave, he adds one to the number of laborers in his country, and
proportionably to its profits and abilities to pay taxes; if he buys from his
neighbor, it is only a transfer of a laborer from one farm to another, which
does not change the annual produce of the State, and therefore, should not
change its tax : that if a Northern farmer works ten laborers on his farm, he
can, it is true, invest the surplus often men's labor in cattle ; but so may
the Southern farmer, working ten slaves; that a State of one hundred thousand
freemen can maintain no more cattle, than one of one hundred thousand slaves.
Therefore, they have no more of that kind of property; that a slave may indeed,
from the custom of speech, be more properly called the wealth of his master,
than the free laborer might be called the wealth of his employer; but as to the
State, both were equally its wealth, and should, therefore equally add to the
quota of its tax. Mr. Harrison proposed, as a compromise, that two slaves
should be counted as one freeman. He affirmed that slaves did not do as much
work as freemen, and doubted if two effected more than one; that this was
proved by the price of labor; the hire of a laborer in the Southern colonies
being from
Autobiography 43
#L8 to #L12, while in the Northern it was generally #L24. Mr. Wilson said, that
if this amendment should take place, the Southern colonies would have all the
benefit of slaves, whilst the Northern ones would bear the burthen : that
slaves increase the profits of a State, which the Southern States mean to take
to themselves ; that they also increase the burthen of defense, which would of
course f all so much the heavier on the Northern : that slaves occupy the
places of freemen, and eat their food. Dismiss your slaves, and freemen will
take their places. It is our duty to lay every discouragement on the
importation of slaves ; but this amendment would give the just trium liberorum
to him who would import slaves : that other kinds of property were pretty
equally distributed through all the colonies : there were as many cattle,
horses and sheep, in the North as the South, and South as the North; but not so
as to slaves : that experience has shown that those colonies have been always
able to pay most, which have the most inhabitants, whether they be black or
white ; and the practice of the Southern colonies has always been to make every
farmer pay poll taxes upon all his laborers, whether they be black or white. He
acknowledges, indeed, that freemen work the most; but they consume the most
also. They do not produce a greater surplus for taxation. The slave is neither
fed nor clothed so expensively as a freeman. Again, white women, are exempted
from labor gen-
44 Jefferson's Works
erally, but negro women are not. In this, then, the Southern States have an
advantage as the article now stands. It has sometimes been said, that slavery
is necessary, because the commodities they raise would be too dear for market
if cultivated by freemen; but now it is said that the labor of the slave is the
dearest. Mr. Payne urged the original resolution of Congress, to proportion the
quotas of the States to the number of souls. Dr. Witherspoon was of opinion,
that the value of lands and houses was the best estimate of the wealth of a
nation, and that it was practicable to obtain such a valuation. This is the
true barometer of wealth. The one now proposed is imperfect in itself, and
unequal between the States. It has been objected that negroes eat the food of
freemen, and therefore, should be taxed; horses also eat the food of freemen;
therefore they also should be taxed. It has been said too, that in carrying
slaves into the estimate of the taxes the State is to pay, we do no more than
those States themselves do, who always take slaves into the estimate of the
taxes the individual is to pay. But the cases are not parallel. In the Southern
colonies slaves pervade the whole colony; but they do not pervade the whole
continent. That as to the original resolution of Congress, to proportion the
quotas according to the souls, it was temporary only, and related to the moneys
heretofore emitted: whereas we are now entering into
Autobiography 45
a new compact, and therefore stand on original ground. August 1. The question
being put, the amendment proposed was rejected by the votes of New Hampshire,
Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and
Pennsylvania, against those of Delaware, Maryland, Virginia, North and South
Carolina. Georgia was divided. The other article was in these words. " Art.
XVII. In determining questions, each colony shall have one vote." July 30, 31,
August 1. Present forty-one members. . Mr. Chase observed this article was the
most likely to divide us, of any one proposed in the draught then under
consideration : that the larger colonies had threatened they would not
confederate at all, if their weight in Congress should not be equal to the
numbers of people they added to the confederacy; while the smaller ones
declared against a union, if they did not retain an equal vote f or the
protection of their rights. That it was of the utmost consequence to bring the
parties together, as, should we sever from each other, either no foreign power
will ally with us at all, or the different States will form different
alliances, and thus increase the horrors of those scenes of civil war and
bloodshed, which in such a state of separation and independence, would render
us a miserable people. That our importance, our interests, our peace required
that we should confederate, and that mutual sacrifices should be made
46 Jefferson's Works
to effect a compromise of this difficult question: He was of opinion, the
smaller colonies would lose their rights, if they were not in some instances
allowed an equal vote; and, therefore, that a discrimination should take place
among the questions which would come before Congress. That the smaller States
should be secured in all questions concerning life or liberty, and the greater
ones, in all respecting property. He, therefore, proposed, that in votes
relating to money, the voice of each colony should be proportioned to the
number of its inhabitants. Dr. Franklin thought, that the votes should be so
proportioned in all cases. He took notice that the Delaware counties had bound
up their delegates to disagree to this article. He thought it a very
extraordinary language to be held by any State, that they would not confederate
with us, unless we would let them dispose of our money. Certainly, if we vote
equally, we ought to pay equally; but the smaller States will hardly purchase
the privilege at this price. That had he lived in a State where the
representation, originally equal, had become unequal by time and accident, he
might have submitted rather than disturb government ; but that we should be
very wrong to set out in this practice, when it is in our power to establish
what is right. That at the time of the Union between England and Scotland, the
latter had made the objection which the smaller States now do ; but experience
had proved
Autobiography 47
that no unfairness had ever been shown them : that their advocates had
prognosticated that it would again happen, as in times of old, that the whale
would swallow Jonas, but he thought the prediction reversed in event, and that
Jonas had swallowed the whale; for the Scotch had in fact got possession of the
government, and gave laws to the English. He reprobated the original agreement
of Congress to vote by colonies, and, therefore, was for their voting, in all
cases, according to the number of taxables. Dr. Witherspoon opposed every
alteration of the article. All men admit that a confederacy is necessary.
Should the idea get abroad that there is likely to be no union among us, it
will damp the minds of the people, diminish the glory of our struggle, and
lessen its importance ; because it will open to our view future prospects of
war and dissension among ourselves. If an equal vote be refused, the smaller
States will become vassals to the larger ; and all experience has shown that
the vassals and subjects of free States. are the most enslaved. He instanced
the Helots of Sparta, and the provinces of Rome. He observed that foreign
powers, discovering this blemish, would make it a handle for disengaging the
smaller States from so unequal a confederacy. That the colonies should in fact
be considered as individuals; and that, as such, in all disputes, they should
have an equal vote ; that they are now collected as individuals making a
48 Jefferson's Works
bargain with each other, and, of course, had a right to vote as individuals.
That in the East India Company they voted by persons, and not by their
proportion of stock. That the Belgic confederacy voted by provinces. That in
questions of war the smaller States were as much interested as the larger, and,
therefore, should vote equally; and indeed, that the larger States were more
likely to bring war on the confederacy, in proportion as their frontier was
more extensive. He admitted that equality of representation was an excellent
principle, but then it must be of things which are co-ordinate; that is, of
things similar, and of the same nature: that nothing relating to. individuals
could ever come before Congress; nothing but what would respect colonies. He
distinguished between an incorporating and a federal union. The union of
England was an incorporating one; yet Scotland had suffered by that union; for
that its inhabitants were drawn from it by the hopes of places and employments:
nor was it an instance of equality of representation; because, while Scotland
was allowed nearly a thirteenth of representation, they were to pay only
onefortieth of the land tax. He expressed his hopes, that in the present
enlightened state of men's minds we might expect a lasting confederacy, if it
was founded on fair principles. John Adams advocated the voting in proportion
to numbers. He said that we stand here as the representatives of the people :
that in some States
Autobiography
the people are many, in others they are few ; that therefore, their vote here
should be proportioned to the numbers from whom it comes. Reason, justice and
equity never had weight enough on the face of the earth, . to govern the
councils of men. It is interest alone which does it, and it is interest alone
which can be trusted: that therefore the interests within doors, should be the
mathematical representatives of the interests without doors : that the
individuality of the colonies is a mere sound. Does the individuality of a
colony increase its wealth or numbers? If it does, pay equally. If it does not
add weight in the scale of the confederacy, it cannot add to their rights, nor
weigh' in argument. A. has #L50, B. #L500, C. #Ll000 in partnership. Is it just
they should equally dispose of the moneys of the partnership ? It has been
said, we are independent individuals making a bargain together. The question is
not what we are now, but what we ought to be when our bargain shall be made.
The confederacy is to make us one individual only ; it is to form us like
separate parcels of metal, into one common mass. We shall no longer retain our
separate individuality, but become a single individual as to all questions
submitted to the confederacy. Therefore, all those reasons, which prove the
justice and expediency of equal representation in other assemblies, hold good
here. It has been objected that a proportional vote will endanger the smaller
States. We answer that an equal vote will endanger
vol. 1-4
Jefferson's Works
the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater
colonies. Consider their distance, their difference of produce, of interests
and of manners, and it is apparent they can never have an interest or
inclination to combine for the oppression of the smaller: that the smaller will
naturally divide on all questions with the larger. Rhode Island, from its
relation, similarity and intercourse, will generally pursue the same objects
with Massachusetts; Jersey, Delaware and Maryland, with Pennsylvania. Dr. Rush
took notice, that the decay of the liberties of the Dutch republic proceeded
from three causes. 1. The perfect unanimity requisite on all occasions. 2.
Their obligation to consult their constituents. 3. Their voting by provinces.
This last destroyed the equality of representation, and the liberties of Great
Britain also are sinking from the same defect. That a part of our rights is
deposited in the hands of our legislatures. There, it was admitted, there
should be an equality of representation. Another part of our rights is
deposited in the hands of Congress : why is it not equally necessary there
should be an equal representation there ? Were it possible to collect the whole
body of the people together, they would determine the questions submitted to
them by their majority. Why should not the same majority decide when voting
here, by their representatives ? The larger colonies are so providentially
divided in situation, as to
Autobiography 51
render every fear of their combining visionary. Their interests are different,
and their circumstances dissimilar. It is more probable they will become
rivals, and leave it in the power of the smaller States to give preponderance
to any scale they please. The voting by the number of free inhabitants, will
have one excellent effect, that of inducing the colonies to discourage slavery,
and to encourage the increase of their free inhabitants. Mr. Hopkins observed,
there were four larger, four smaller, and four middle-sized colonies. That the
four largest would contain more than half the inhabitants of the confederated
States, and therefore, would govern the others as they should please. That
history affords no instance of such a thing as equal representation. The
Germanic body votes by States. The Helvetic body does the same; and so does the
Belgic confederacy. That too little is known of the ancient confederations, to
say what was their practice. Mr. Wilson thought, that taxation should be in
proportion to wealth, but that representation should accord with the number of
freemen. That government is a collection or result of the wills of all : that
if any government could speak the will of all, it would be perfect; and that,
so far as it departs from this, it becomes imperfect. It has been said that
Congress is a representation of States, not of individuals. I say, that the
objects of its care are all the individuals of the States. It is strange that
52 Jefferson's Works
annexing the name of " State" to ten thousand men should give them an equal
right with forty thousand. This must be the effect of magic, not of reason. As
to those matters which are referred to Congress, we are not so many States; we
are one large State. We lay aside our individuality, whenever we come here. The
Germanic body is a burlesque on government ; and their practice, on any point,
is a sufficient authority and proof that it is wrong. The greatest imperfection
in the constitution of the Belgic confederacy is their voting by provinces. The
interest of the whole is constantly sacrificed to that of the small States. The
history of the war in the reign of Queen Anne sufficiently proves this. It is
asked, shall nine colonies put it into the power of four to govern them as they
please ? I invert the question, and ask, shall two millions of people put it in
the power of one million to govern them as they please ? It is pretended, too,
that the smaller colonies will be in danger from the greater. Speak in honest
language and say, the minority will be in danger from the majority. And is
there an assembly on earth, where this danger may not be equally pretended ?
The truth is, that our proceedings will then be consentaneous with the
interests of the majority, and so they ought to be. The probability is much
greater, that the larger States will disagree, than that they will combine. I
defy the wit of man to invent a possible case, or to suggest any one thing on
earth, which shall be for the interests of Virginia,
Autobiography 53
Pennsylvania and Massachusetts, and which will not also be for the interest of
the other States.(1) These articles, reported July 12, '76, were debated from
day to day, and time to time, for two years, were ratified July 9, '78, by ten
States; by New Jersey on the 26th of November of the same year, and by Delaware
on the 23d of February following. Maryland alone held off two years more,
acceding to them March 1, ' 81, and thus closing the obligation. Our delegation
had been renewed for the ensuing year, commencing August 11; but the new
government was now organized, a meeting of the legislature was to be held in
October, and I had been elected a member by my county. I knew that our
legislation, under the regal government, had many very vicious points which
urgently required reformation, and I thought I could be of more use in
forwarding that work. I therefore retired from my seat in Congress on the 2d of
September, resigned it, and took my place in the legislature of my State, on
the 7th of October. On the llth, I moved for leave to bring in a bill for the
establishment of courts of justice, the organization of which was of
importance. I drew the bill; it was approved by the committee, reported and
passed, after going through its due course.
On the 12th, I obtained leave to bring in a bill declaring, tenants in tail to
hold their lands in fee
_______________
[(1) Here terminate the author's notes of the " earlier debates on the
confederation," and recommences the MS. begun by him in l821.]
54 Jefferson's Works
simple. In the earlier times of the colony, when lands were to be obtained for
little or nothing, some provident individuals procured large grants; and,
desirous of founding great families for themselves, settled them on their
descendants in fee tail. The transmission of this property from generation to
generation, in the same name, raised up a distinet set of families, who, being
privileged by law in the perpetuation of their wealth, were thus formed into a
Patrician order, distinguished by the splendor and luxury of their
establishments. From this order, too, the king habitually selected his
counselors of State ; the hope of which distinction devoted the whole corps to
the interests and will of the crown. To annul this privilege, and instead of an
aristocracy of wealth, of more harm and danger, than benefit, to society, to
make an opening for the aristocracy of virtue and talent, which nature has
wisely provided for the direction of the interests of society, and scattered
with equal hand through all its conditions, was deemed essential to a
well-ordered republic. To effect it, no violence was necessary, no deprivation
of natural right, but rather an enlargement of it by a repeal of the law. For
this would authorize the present holder to divide the property among his
children equally; as his affections were divided ; and would place them, by
natural generation, on the level of their fellow citizens. But this repeal was
strongly opposed by Mr. Pendleton, who was zealously attached to ancient
establishments; and who,
Autobiography 55
taken all in all, was the ablest man in debate I have ever met with. He had not
indeed the poetical fancy of Mr. Henry, his sublime imagination, his lofty and
overwhelming diction; but he was cool, smooth and persuasive ; his language
flowing, chaste and embellished ; his conceptions quick, acute and full of
resource; never vanquished: for if he lost the main battle, he returned upon
you, and regained so much of it as to make it a drawn one, by dexterous
maneuvers, skirmishes in detail, and the recovery of small advantages which,
little singly, were important all together. You never knew when you were clear
of him, but were harassed by his perseverance, until the patience was worn down
of all who had less of it than himself. Add to this, that he was one of the
most virtuous and benevolent of men, the kindest friend, the most amiable and
pleasant of companions, which ensured a favorable reception to whatever came
from him. Finding that the general principle of entails could not be
maintained, he took his stand on an amendment which he proposed, instead of an
absolute abolition, to permit the tenant in tail to convey in fee simple, if he
chose it; and he was within a few votes of saving so much of the old law. But
the bill passed finally for entire abolition. In that one of the bills for
organizing our judiciary system, which proposed a court of Chancery, I had
provided for a trial by jury of all matters of fact in that as well as in the
courts of law. He defeated
Jefferson's Works
it by the introduction of four words only, " if either party choose." The
consequence has been, that as no suitor will say to his judge, " Sir, I
distrust you, give me a jury," juries are rarely, I might say, perhaps, never,
seen in that court, but when called for by the Chancellor of his own accord.
The first establishment in Virginia which became permanent, was made in 1607. I
have found no mention of negroes in the colony until about 1650. The first
brought here as slaves were by a Dutch ship; after which the English commenced
the trade and continued it until the revolutionary war. That suspended, ipso
facto, their further importation for the present, and the business of the war
pressing constantly on the legislature, this subject was not acted on finally
until the year '78, when I brought in a bill to prevent their further
importation. This passed without opposition, and stopped the increase of the
evil by importation, leaving to future efforts its final eradication. The first
settlers of this colony were Englishmen, loyal subjects to their king and
church, and the grant to Sir Walter Raleigh contained an express proviso that
their laws " should not be against the true Christian faith, now professed in
the church of England." As soon as the state of the colony admitted, it was
divided into parishes, in each of which was established a minister of the
Anglican church, endowed with a fixed salary, in tobacco, a glebe house and
land with 'the other necessary
Autobiography 57
appendages. To meet these expenses, all the inhabitants of the parishes were
assessed, whether they were or not, members of the established church. Towards
Quakers who came here, they were most cruelly intolerant, driving them from the
colony by the severest penalties. In process of time, however, other sectarisms
were introduced, chiefly of the Presbyterian family; and the established
clergy, secure for liúe in their glebes and salaries, adding to these,
generally, the emoluments of a classical school, found employment enough, in
their farms and schoolrooms, for the rest of the week, and devoted Sunday only
to the edification of their flock, by service, and a sermon at their parish
church. Their other pastoral functions were little attended to. Against this
inactivity, the zeal and industry of sectarian preachers had an open and
undisputed field ; and by the time of the revolution, a majority of the
inhabitants had become dissenters from' the established church, but were still
obliged to pay contributions to support the pastors of the minority. This
unrighteous compulsion, to maintain teachers of what they deemed religious
errors, was grievously felt during the regal government, and without a hope of
relief. But the first republican legislature; which met in '76; was crowded
with petitions to abolish this spiritual tyranny. These brought on the severest
contests in which I have ever been engaged. Our great opponents were Mr.
Pendleton and Robert Carter Nicholas; honest men, but zealous
58 Jefferson's Works
churchmen. The petitions were referred to the committee of the whole house on
the state of the country; and, after desperate contests in that committee,
almost daily from the llth of October to the 5th of December, we prevailed so
far only, as to repeal the laws which rendered criminal the maintenance of any
religious opinions, the forbearance of repairing to church, or the exercise of
any mode of worship; and further, to exempt dissenters from contributions to
the support of the established church ; and to suspend, only until the next
session, levies on the members of that church for the salaries of their own
incumbents. For although the majority of our citizens were dissenters, as has
been observed, a majority of the legislature were churchmen. Among these,
however, were some reasonable and liberal men, who enabled us, on some points,
to obtain feeble majorities. But our opponents carried, in the general
resolutions of the committee of November 19, a declaration that religious
assemblies ought to be regulated, and that provision ought to be made for
continuing the succession of the clergy, and superintending their conduct. And,
in the bill now passed, was inserted an express reservation of the question,
Whether a general assessment should not be established by law, on every one, to
the support of the pastor of his choice; or whether all should be left to
voluntary contributions; and on this question, debated at every session, from
'76 to '79, (some of our dissenting allies, having now secured their
Autobiography
particular object, going over to the advocates of a general assessment,) we
could only obtain a suspension from session to session until '; g, when the
question against a general assessment was finally carried, and the
establishment of the Anglican church entirely put down. In justice to the two
honest but zealous opponents who have been named, I must add, that although,
from their natural temperaments, they were more disposed generally to acquiesce
in things as they are, than to risk innovations, yet whenever the public will
had once decided, . none were more faithful or exact in their obedience to it.
The seat of our government had originally been fixed in the peninsula of
Jamestown, the first settlement of the colonists; and had been afterwards
removed a few miles inland to Williamsburg. But this was at a time when our
settlements had not extended beyond the tide waters. Now they had crossed the
Alleghany ; and the centre of population was very far removed from what it had
been. Yet Williamsburg was still the depository of our archives, the habitual
residence of the Governor and many other of the public functionaries, the
established place for the sessions of the legislature, and the magazine of our
military stores ; and its situation was so exposed that it might be taken at
any time in war, and, at this time particularly, an enemy might in the night
run up either of the rivers, between which it lies, land a force above, and
take possession of the place, without the possibility of
60 Jefferson's Works
saving either persons or things. I had proposed its removal so early as
October, '76; but it did not prevail until the session .of May, '79. Early in
the session of May, '79, I prepared, and obtained leave to bring in a bill,
declaring who should be deemed citizens, asserting the natural right of
expatriation, and prescribing the mode of exercising it. This, when I withdrew
from the House, on the 1st of June following, I left in the hands of George
Mason, and it was passed on the 26th of that month. In giving this account of
the laws of which I was myself the mover and draughtsman, I, by no means, mean
to claim to myself the merit of obtaining their passage. I had many occasional
and strenuous coadjutors in debate, and one, most steadfast, able and zealous ;
who was himself a host. This was George Mason, a man of the first order of
wisdom among those who acted on the theater of the revolution, of expansive
mind, profound judgment, cogent in argument, learned in the lore of our former
constitution, and earnest for the republican change on democratic principles.
His elocution was neither flowing nor smooth; but his language was strong, his
manner most impressive, and strengthened by a dash of biting cynicism, when
provocation made it seasonable. Mr. Wythe, while speaker in the two sessions of
1777, between his return from Congress and his appointment to the Chancery, was
an able and con
Autobiography 61
stant associate in whatever was before a committee of the whole. His pure
integrity, judgment and reasoning powers, gave him great weight. Of him, see
more in some notes inclosed in my letter of August 31, 1821, to Mr. John
Saunderson.(l) Mr. Madison came into the House in 1776, a new member and young;
which circumstances, concurring with his extreme modesty, prevented his
venturing himself in debate before his removal to the Council of State, in
November, ' 77. From thence he went to Congress, then consisting of few
members. Trained in these successive schools, he acquired a habit of
self-possession, which placed at ready command the rich resources of his
luminous and discriminating mind, and of his extensive information, and
rendered him the first of every assembly afterwards, of which he became a
member. Never wandering from his subject into vain declamation, but pursuing it
closely, in language pure, classical and copious, soothing always the feelings
of his adversaries by civilities and softness of expression, he rose to the
eminent station which he held in the great National Convention of 1787 ; and in
that of Virginia which followed, he sustained the new constitution in all its
parts, bearing off the palm against the logic of George Mason, and the fervid
declamation of Mr. Henry. With these consummate powers, were united a pure and
spotless virtue, which no calumny has ever attempted to sully. Of the powers [1
See Appendix, note A.]
62 Jefferson's Works
and polish of his pen, and of the wisdom of his administration. in the highest
office of the nation, I need say nothing. They have spoken, and will forever
speak for themselves. So far we were proceeding in the details of reformation
only ; selecting points of legislation, prominent in character and principle,
urgent, and indicative of the strength of the general pulse of reformation.
When I left Congress, in '76, it was in the persuasion that our whole code must
be reviewed, adapted to our republican form of government; and, now that we had
no negatives of Councils, Governors, and Kings to restrain us from doing right,
it should be corrected, in all its parts, with a single eye to reason, and the
good of those for whose government it was framed. Early, therefore, in the
session of ' 76, to which I returned, I moved and presented a bill for the
revision of the laws, which was passed on the 24th of October; and on the 5th
of. November, Mr. Pendleton, Mr. Wythe, George Mason, Thomas L. Lee, and
myself, were appointed a committee to execute the work. We agreed to meet at
Fredericksburg to settle the plan of operation, and to distribute the work. We
met there accordingly, on the 13th of January, 1777. The first question was,
whether we should propose to abolish the whole existing system of laws, and
prepare a new and complete Institute, or preserve the general system, and only
modify it to the present state of things. Mr. Pendleton, contrary to his usual
disposition in
Autobiography 63
favor of ancient things, was for the former proposition, in which he was joined
by Mr. Lee. To this it was objected, that to abrogate our whole system would be
a bold measure, and probably far beyond the views of the legislature; that they
had been in the practice of revising, from time to time, the laws of the
colony, omitting the expired, the repealed, and the obsolete, amending only
those retained, and probably meant we should now do the same, only including
the British statutes as well as our own: that to compose a new Institute, like
those of Justinian and Bracton, or that of Blackstone, which was the model
proposed by Mr. Pendleton, would be an arduous undertaking, of vast research,
of great consideration and judgment; and when reduced to a text, every w ord of
that text, from the imperfection of human language, and its incompetence to
express distinctly every shade of idea, would become a subject of question and
chicanery, until settled by repeated adjudications; and this would involve us
for ages in litigation, and render property uncertain, until, like the statutes
of old, every word had been tried and settled by numerous decisions, and by new
volumes of reports and commentaries; and that no one of us, probably, would
undertake such a work, which to be systematical, must be the work of one hand.
This last was the opinion of Mr. Wythe, Mr. Mason, and myself. When we
proceeded to the distribution of the work, Mr. Mason excused himself, as, being
no lawyer, he felt himself unqualified for
64 Jefferson's Works
the work, and he resigned soon after. Mr. Lee excused himself on the same
ground, and died, indeed, in a short time. The other two gentlemen, therefore,
and myself divided the work among us. The common law and statutes to the (4)
James I. (when our separate legislature was established) were assigned to me ;
the British statutes, from that period to the present day, to Mr. Wythe; and
the Virginia laws to Mr. Pendleton. As the law of Descents, and the criminal
law fell of course within my portion, I wished the committee to settle the
leading principles of these, as a guide for me in framing them; and, with
respect to the first, I proposed to abolish the law of primogeniture, and to
make real estate descendible in parcenary to the next of kin, as personal
property is, by the statute of distribution. Mr. Pendleton wished to preserve
the right of primogeniture, but seeing at once that that could not prevail, he
proposed we should adopt the Hebrew principle, and give a double portion to the
elder son. I observed, that if the eldest' son could eat twice as much, or do
double work, it might be a natural evidence of his right to a double portion ;
but being on a par in his powers and wants, with his brothers and sisters, he
should be on a par also in the partition of the patrimony; and such was the
decision of the other members. On the subject of the Criminal law, all were
agreed, that the punishment of death should be abolished, except for treason
and murder; and that, for other
Autobiography 65
felonies, should be substituted hard labor in the public works, and in some
cases, the Lez talionis. How this last revolting Principle came to obtain our
approbation, I do not remember. There remained, indeed, in our laws, a vestige
of it in a single case of a slave ; it was the English law, in the time of the
Anglo-Saxons, copied probably from the Hebrew law of "an eye for an eye, a
tooth for a tooth," and it was the law of several ancient people ; but the
modern mind had left it far in the rear of its advances. These points, however,
being settled, we repaired to our respective homes for the preparation of the
work. In the execution of my part, I thought it material not to vary the
diction of the ancient statutes by modernizing it, nor to give rise to new
questions by new expressions. The text of these statutes had been so fully
explained and defined, by numerous adjudications, as scarcely ever now to
produce a question in our courts. I thought it would be useful, also, in all
new draughts, to reform the style of the later British statutes, and of our own
acts of Assembly ; which, from their verbosity, their endless tautologies,
their involutions of case within case, and parenthesis within parenthesis, and
their multiplied efforts at certainty, by saids and a foresaids, by ors and by
ands, to make them more plain, are really rendered more perplexed and
incomprehensible, not only to common readers, but to the lawyers themselves. We
were employed in this work from that
V O L. 1-5
66 Jefferson's Works
time to February, 1779, when we met at Williamsburg, that is to say, Mr.
Pendleton, Mr. Wythe and myself; and meeting day by day, we examined critically
our several parts, sentence by sentence scrutinizing and amending, until we had
agreed on the whole. We then returned home, had fair copies made of our several
parts, which were reported to the General Assembly, June 18, 1779, by Mr. Wythe
and myself, Mr. Pendleton's residence being distant, and he having authorized
us by letter to declare his approbation. We had, in this work, brought so much
of the Common law as it was thought necessary to alter, all the British
statutes from Magna Charta to the present day, and all the laws of Virginia,
from the establishment of our legislature, in the 4th Jac. 1. to the present
time, which we thought should be retained, within the compass of one hundred
and twenty-six bills, making a printed folio of ninety pages only. Some bills
were taken out occasionally, from time to time, and passed; but the main body
of the work was not entered on by the legislature until after the general
peace, in 1785, when, by the unwearied exertions of Mr. Madison in opposition
to the endless quibbles, chicaneries perversions, vexations and delays of
lawyers and dedi-lawyers, most of the bills were passed by the legislature,
with little alteration. The bill for establishing religious freedom, the
principles of which had, to a certain degree, been enacted before, I had drawn
in all the latitude of
Autobiography 67
reason and right. It still met with opposition ; but, with some mutilations in
the preamble, it was finally passed; and a singular proposition proved that its
protection of opinion was meant to be universal. Where the preamble declares,
that coercion is a departure from the plan of the holy author of our religion,
an amendment was proposed, by inserting the word " Jesus Christ," so that it
should read, " a departure from the plan of Jesus Christ, the holy author of
our religion;" the insertion was rejected by a great majority, in proof that
they meant to comprehend, within the mantle of its protection, the Jew and the
Gentile, the Christian and Mahometan, the Hindoo, and Infidel of every
denomination. Beccaria, and other writers on crimes and punishments, had
satisfied the reasonable world of the unrightfulness and inefficacy of the
punishment of crimes by death ; and hard labor on roads, canals and other
public works, had been suggested as a proper substitute. The Revisors had
adopted these opinions ; but the general idea of our country had not yet
advanced to that point. The bill, therefore, for proportioning crimes and
punishments, was lost in the House of Delegates by a majority of a single vote.
I learned afterwards, that the substitute of hard labor in public, was tried (I
believe it was in Pennsylvania) without success. Exhibited as a public
spectacle with shaved heads and mean clothing, working on the high roads,
produced in the criminals such a prostration of character, such an
68 Jefferson's Works
abandonment of self-respect, as, instead of reforming, plunged them into the
most desperate and hardened depravity of morals and character. To pursue the
subject of this law.-I was written to in 1785 (being then in Paris) by
directors appointed to superintend the building of a Capitol in Richmond, to
advise them as to a plan, and to add to it one of a Prison. Thinking it a
favorable opportunity of introducing into the State an example of architecture,
in the classic style of antiquity, and the Maison Quarree of Nismes, an ancient
Roman temple, being considered as the most perfect model existing of what may
be called Cubic architecture, I applied to M. Clerissault, who had published
drawings of the Antiquities of Nismes, to have me a model of the building made
in stucco, only changing the order from Corinthian to Ionic, on account of the
difficulty of the Corinthian capitals. I yielded, with reluctance, to the taste
of Clerissault, in his preference of the modern capital of Scamozzi to the more
noble capital of antiquity. This was executed by the artist whom Choiseul
Gouffier had carried with him to Constantinople, and employed, while Ambassador
there, in making those beautiful models of the remains of Grecian architecture
which are to be seen at Paris. To adapt the exterior to our use, I drew a plan
for the interior, with the apartments necessary for legislative, executive,
and. judiciary purposes; and accommodated in their size and distribution to the
form and dimensions of the building.
Autobiography 69
These were forwarded to the Directors, in 1786, and were carried into
execution, with some variations, not for the better, the most important of
which, however, admit of future correction. With respect to the plan of a
Prison, requested at the same time, I had heard of a benevolent society, in
England, which had been indulged by the government, in an experiment of the
effect of labor, in solitary confinement, on some of their criminals ; which
experiment had succeeded beyond expectation. The same idea had been suggested
in France, and an Architect of Lyons had proposed a plan of a well-contrived
edifice, on the principle of solitary confinement. I procured a copy, and as it
was too large for our purposes, I drew one on a scale less extensive, but
susceptible of additions as they should be wanting. This I sent to the
Directors, instead of a plan of a common prison, in the hope that it would
suggest the idea of labor in solitary confinement, instead of that on the
public works, which we had adopted in our Revised Code. . Its principle,
accordingly, but not its exact form, was adopted by Latrobe in carrying the
plan into execution, by the erection of what is now called the Penitentiary,
built under his direction. In the meanwhile, the public opinion was ripening,
by time, by reflection, and by the example of Pennsylvania, where labor on the
highways had been tried, without approbation, from 1786 to 89, and had been
followed by their Penitentiary system on the principle of confinement and
labor, which was
70 Jefferson's Works
proceeding auspiciously. In 1796, our legislature resumed the subject, and
passed the law for amending the Penal laws of the commonwealth. They adopted
solitary, instead of public, labor, established a gradation in the duration of
the confinement, approximated the style of the law more to the modern usage,
and, instead of the settled distinctions of murder and manslaughter, preserved
in my bill, they introduced the new terms. of murder in the first and second
degree. Whether these have produced more or fewer questions of definition, I am
not sufficiently informed of our judiciary transactions to say. I will here,
however, insert the text of my bill, with the notes I made in the course of my
researches into the subject.' The acts of Assembly concerning the College of
William and Mary, were properly within Mr. Pendleton's portion of our work; but
these related. chiefly to its revenue, while its constitution, organization and
scope of science, were derived from its charter. We thought that on this
subject, a systematical plan of general education should be proposed, and I was
requested to undertake it. I accordingly prepared three bills for the Revisal,
proposing three distinct grades of education, reaching all classes. lst.
Elementary schools, for all children generally, rich and poor. 2d. Colleges,
for a middle degree of instruction, calculated for the common purposes of life
and such as would be desirable for all who were in
_______________
[1 See Appendix, note E.]
Autobiography 71
easy circumstances. And, 3d, an ultimate grade for teaching the sciences
generally, and in their highest degree. The first bill proposed to lay off
every county into Hundreds, or Wards, of a proper size and population for a
school, in which reading, writing, and common arithmetic should be taught; and
that the. whole State should be divided into twenty-four districts, in each of
which should be a school for classical learning, grammar, geography, and the
higher branches of numerical arithmetic. The second bill proposed to amend the
constitution of William and Mary college, to enlarge its sphere of science, and
to make it in fact a University. The third was for the establishment of a
library. These bills were not acted on until the same year, '96, and then only
so much of the first as provided for elementary schools. The College of William
and Mary was an establishment purely of the Church of England; the Visitors
were required to be all of that Church; the Professors to subscribe its
thirty-nine Articles ; its Students to learn its Catechism ; and one of its
fundamental objects was declared to be, to raise up Ministers for that church.
The religious jealousies, therefore, of all the dissenters, took alarm lest
this might give an ascendancy to the Anglican sect, and refused acting on that
bill. Its local eccentricity, too, and unhealthy autumnal climate, lessened the
general inclination towards it. And in the Elementary bill, they inserted a
provision which completely defeated it; for they left it to the court
72 Jefferson's Works
of each county to determine for itself, when this act should be carried into
execution, within their county. One provision of the bill was, that the
expenses of these schools should be borne by the inhabitants of the county,
every one in proportion to his general tax rate. This would throw on wealth the
education of the poor; and the justices, being generally of the more wealthy
class, were unwilling to incur that burden, and I believe it was not suffered
to commence in a single county. I shall recur again to this subject, towards
the close of my story, if I should have life and resolution enough. to reach
that term; for I am already tired of talking about myself. The bill on the
subject of slaves, was a mere digest of the existing laws respecting them,
without any intimation of a plan for a future and general emancipation. It was
thought better that this should be kept back, and attempted only by way of
amendment, whenever the bill should be brought on. The principles of the
amendment, however, were agreed on, that. is to say, the freedom of all born
after a certain day, and deportation at a proper age. But it was found that the
public mind would not yet bear the proposition, nor will it bear it even at
this day. Yet the day is not distant when it must bear and adopt it, or worse
will follow. Nothing is more certainly written in the book of fate, than that
these people are to be free; nor is it less certain that the two races, equally
free, cannot live in the same gov
Autobiography 73
ernment. Nature, habit, opinion have drawn indelible lines of distinction
between them. It is still in our power to direct the process of emancipation
and deportation, peaceably, and in such slow degree, as that the evil will wear
off insensibly, and their place be, pari passu, filled up by free white
laborers. If, on the contrary, it is left to force itself on, human nature must
shudder at the prospect held up. We should in vain look for an example in the
Spanish deportation or deletion of the Moors. This precedent would fall far
short of our case. I considered four of these bills, passed or reported, as
forming a system by which every fibre would be eradicated of ancient or future
aristocracy; and a foundation laid for a government truly republican. The
repeal of the laws of entail would prevent the accumulation and perpetuation of
wealth, in select families, and preserve the soil of the country from being
daily more and more absorbed in mortmain. The abolition of primogeniture, and
equal partition of inheritances, removed the feudal and unnatural distinctions
which made one member of every family rich, and all the rest poor, substituting
equal partition, the best of all Agrarian laws. The restoration of the rights
of conscience relieved the people from taxation for the support of a religion
not theirs; for the establishment was truly of the religion of the rich, the
dissenting sects being entirely composed of the less wealthy people; and these,
by the bill for a general education, would be qualified to understand
74 Jefferson's Works
their rights, to maintain them, and to exercise with intelligence their parts
in self-government; and all this would be effected, without the violation of a
single natural right of any one individual citizen. To these, too, might be
added, as a further security, the introduction of the trial by jury, into the
Chancery courts, which have already ingulfed, and continue to ingulf, so great
a proportion of the jurisdiction over our property. On the 1st of June,1779, I
was appointed Governor of the Commonwealth, and retired from the legislature.
Being elected, also, one of the Visitors of William and Mary college, a
self-electing body, I effected, during my residence in Williamsburg that year,
a change in the organization of that institution, by abolishing the Grammar
school, and the two professorships of Divinity and Oriental languages, and
substituting a professorship of Law and Police, one of Anatomy, Medicine and
Chemistry, and one of Modern languages; and the charter confining us to six
professorships, we added the Law of Nature and Nations, and the Fine Arts to
the duties of the Moral professor, and Natural History to those of the
professor of Mathematics and Natural Philosophy. Being now, as it were,
identified with the Commonwealth itself, to write my own history, during the
two years of my administration, would be to write the public history of that
portion of the revolution within this State. This has been done by others,
Autobiography 75
and particularly by Mr. Girardin, who wrote his Continuation of Burke's History
of Virginia, while at Milton, in this neighborhood, had free access to all my
papers while composing it, and has given as faithful an account as I could
myself. For this portion, therefore, of my own life, I refer altogether to his
history. From a belief that, under the pressure of the invasion under which we
were then laboring, the public would have more confidence in a Military chief,
and that the Military commander, being invested with the Civil power also, both
might be wielded with more energy, promptitude and effect for the defense of
the State, I resigned the administration at the end of my second year, and
General Nelson was appointed to succeed me.
Soon after my leaving Congress, in September, '76 to wit, on the last day of
that month, I had been appointed, with Dr. Franklin, to go to France, as a
Commissioner, to negotiate treaties of alliance and commerce with that
government. Silas Deane, then in France, acting as(1) agent for procuring
military stores, was joined with us in commission. But such was the state of my
family that I could not leave it, nor could I expose it to the dangers of the
sea, and of capture by the British ships, then covering the ocean. I saw, too,
that the laboring oar was really
_______________
[(1) His ostensible character was to be that of a merchant, his real one that
of agent for military supplies, and also for sounding the dispositions of the
government of France, and seeing how far they would favor us, either secretly
or openly. His appointment had been by the Committee of foreign correspondence,
March, 1776.]
Jefferson's Works
at home, where much was to be done, of the most permanent interest, in new
modeling our governments, and much to defend our fanes and fire-sides from the
desolations of an invading enemy, pressing on our country in every point. I
declined, therefore, and Mr. Lee was appointed in my place. On the l5th of
June, 1781, I had been appointed, with Mr. Adams, Mr. Franklin, Mr. Jay, and
Mr. Laurens,a Minister Plenipotentiary for negotiating peace, then expected to
be effected through the mediation of the Empress of Russia. The same reasons
obliged me still to decline; and the negotiation was in fact never entered on.
But, in the autumn of the next year, 1782, Congress receiving assurances that a
general peace would be concluded in the winter and spring, they renewed my
appointment on the l3th of November of that year. I had, two months before
that, lost the cherished companion of my life, in whose affections, unabated on
both sides, I had lived the last ten years in unchequered happiness. With the
public interests, the state of my mind concurred in recommending the change of
scene proposed; and I accepted the appointment, and left Monticello on the l9th
of December, 1782, for Philadelphia, where I arrived on the 27th. The Minister
of France, Luzerne, offered me a passage in the Romulus frigate, which I
accepted; but she was then lying a few miles below Baltimore, blocked up in the
ice. I remained, therefore, a month in Philadelphia, looking over the papers in
the office of State Autobiography
in order to possess myself of the general state of our foreign relations, and
then went to Baltimore, to await the liberation of the frigate from the ice.
After waiting there nearly a month, we received information that a Provisional
treaty of peace had been signed by our Commissioners on the 3d of September,
1782, to become absolute, on the conclusion of peace between France and Great
Britain. . Considering my proceeding to Europe as now of no utility to the
public, I returned immediately to Philadelphia, to take the orders of Congress,
and was excused by them from further proceeding. I, therefore, returned home,
where I arrived on the 15th of May, 1783. On the 6th of the following month, I
was appointed by the legislature a delegate to Congress, the appointment to
take place on the 1st of November ensuing, when that of the existing delegation
would expire. I, accordingly, left home on the l6th of October, arrived at
Trenton, where Congress was sitting, on the 3d of November, and took my seat on
the 4th, on which day Congress adjourned, to meet at Annapolis on the 26th.
Congress had now become a very small body, and the members very remiss in their
attendance on its duties, insomuch, that a majority of the States, necessary by
the Confederation to constitute a House even for minor business, did not
assemble until the l3th of December. They, as early as January 7, 1782, had
turned
Autobiography 77
in order to possess myself of the general state of our foreign relations, and
then went to Baltimore, to await the liberation of the frigate from the ice.
After waiting there nearly a month, we received information that a Provisional
treaty of peace had been signed by our Commissioners on the 3d of September,
1782, to become absolute, on the conclusion of peace between France and Great
Britain. . Considering my proceeding to Europe as now of no utility to the
public, I returned immediately to Philadelphia, to take the orders of Congress,
and was excused by them from further proceeding. I, therefore, returned home,
where I arrived on the 15th of May, 1783. On the 6th of the following month, I
was appointed by the legislature a delegate to Congress, the appointment to
take place on the 1st of November ensuing, when that of the existing delegation
would expire. I, accordingly, left home on the 16th of October, arrived at
Trenton, where Congress was sitting, on the 3d of November, and took my seat on
the 4th, on which day Congress adjourned, to meet at Annapolis on the 26th.
Congress had now become a very small body, and the members very remiss in their
attendance on its duties, insomuch, that a majority of the States, necessary by
the Confederation to constitute a House even for minor business, did not
assemble until the 13th of December. They, as early as January 7, 1782, had
turned
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their attention to the moneys current in the several States, and had directed
the Financier, Robert Morris, to report to them a table of rates, at which the
foreign coins should be received at the treasury. That officer, or rather his
assistant, Gouverneur Morris, answered them on the l5th, in an able and
elaborate statement of the denominations of money current in the several
States, and of the comparative value of the foreign coins chiefly in
circulation with us. He went into the consideration of the necessity of
establishing a standard of value with us, and of the adoption of a money Unit.
He proposed for that Unit, such a fraction of pure silver as would be a common
measure of the penny of every State, without leaving a fraction. This common
divisor he found to be 1-1440. of a dollar, or 1-l600 of the crown sterling.
The value of a dollar was, therefore, to be expressed by 1,440 units, and of a
crown by l,600; each Unit containing a quarter of a grain of fine silver.
Congress turning again their attention to this subject the following year, the
Financier, by a letter of April 30, 1783, further explained and urged the Unit
he had proposed; but nothing more was done on it until the ensuing year, when
it was again taken up, and referred to a committee, of which I was a member.
The general views of the Financier were sound, and the principle was ingenious
on which he proposed to found his Unit; but it was too minute for ordinary use,
too laborious for computation, either by the head or in figures. The
Autobiography 79
price of a loaf of bread, 1-20 of a dollar, would be 72 units. A pound of
butter, 1-5 of a dollar, 288 units. A horse or bullock, of eighty dollars
value, would require a notation of six figures, to wit, 115,200, and the public
debt, suppose of eighty millions, would require twelve figures, to wit,
115,200,000,000 units. Such a system of money-arithmetic would be entirely
unmanageable for the common purposes of society. I proposed, therefore, instead
of this, to adopt the Pollar as our Unit of account and payment, and that its
divisions and sub-divisions should be in the decimal ratio. I wrote some notes
on the subject, which I submitted to the consideration of the Financier. I
received his answer and adherence to his general system, only agreeing to take
for his Unit one hundred of those he first proposed, so that a Dollar should be
14 40-l00, and a crown 16 units. I replied to this, and printed my notes and
reply on a flying sheet, which I put into the hands of the members of Congress
for consideration, and the Committee agreed to report on my principle. This was
adopted the ensuing year, and is the system which now prevails. I insert, here,
the Notes and Reply, as showing the different views on which the adoption of
our money system hung.(l) The divisions into dimes, cents, and mills is now so
well understood, that it would be easy of introduction into the kindred
branches of weights and measures. I use
_______________
[1 See Appendix, note F.]
80 Jefferson's Works
when I travel, an Odometer of Clarke's invention which divides the mile into
cents, and I find every one comprehends a distance readily, when stated to him
in miles and cents; so he would in feet and cents, pounds and cents, &c. The
remissness of Congress, and their permanent session, began to be a subject of
uneasiness; and even some of the legislatures had recommended to them
intermissions, and periodical sessions. As the Confederation had made no
provision for a visible head of the government, during vacations of Congress,
and such a one was necessary to superintend the executive business, to receive
and communicate with foreign ministers and nations, and to assemble Congress on
sudden and extraordinary emergencies, I proposed, early in April, the
appointment of a committee, to be called the " Committee of the States," to
consist of a member from each State who should remain in session during the
recess of Congress: that the functions of Congress should be divided into
executive and legislative, the latter to be reserved, and the former, by a
general resolution to be delegated to that Committee. This proposition was
afterwards agreed to; a Committee appointed, who entered on duty on the
subsequent adjournment of Congress, quarreled very soon, split into two
parties, abandoned their post, and left the government without any visible
head, until the next meeting in Congress. We have since seen the same thing
take place in the Directory of France; and I
Autobiography 81
believe it will forever take place in any Executive consisting of a plurality.
Our plan, best, I believe, combines wisdom and practicability, by providing a
plurality of Counsellors, but a single Arbiter for ultimate decision. I was in
France when we heard of this schism, and separation of our Committee, and,
speaking with Dr. Franklin of this singular disposition of men to quarrel, and
divide .into parties, he gave his sentiments, as usual, by way of Apologue. He
mentioned the Eddystone lighthouse, in the British channel, as being built on a
rock,. in the midchannel, totally inaccessible in winter, from the boisterous
character of that sea, in that season; that, therefore, for the two keepers
employed to keep up the lights, all provisions for the winter were necessarily
carried to them in autumn, as they could never be visited again till the return
of the milder season; that, on the first practicable day in the spring, a boat
put off to them with fresh supplies. The boatmen met at the door one of the
keepers, and accosted him with a "How goes it, friend? Very well. How is your
companion? I do not know. Don't know? Is not he here? I can't tell. Have not
you seen him to-day? No. When did you see him ? Not since last f all. You have
killed him ? Not I, indeed. " They were about to lay hold of him, as having
certainly murdered his companion ; but he desired them to go up stairs and
examine for themselves. They went up, and there found the other keeper. They
had quarreled, it seems, soon
vol. 1-6
82 Jefferson's Works
after being left there, had divided into two parties, assigned the cares below
to one, and those above to the other, and had never spoken to, or seen, one
another since. But to return to our Congress at Annapolis. The definitive
treaty of peace which had been signed at Paris on the 3d of September, 1783,
and received here, could not be ratified without a House of nine States. On the
23d of December, therefore, we addressed letters to the several Governors,
stating the receipt of the definitive treaty; that seven States only were in
attendance, while nine were necessary to its ratification ; and urging them to
press on their delegates the necessity of their immediate attendance. And on
the 26th, to save time, I moved that the Agent of Marine (Robert Morris) should
be instructed to have ready a vessel at this place, at New York, and at some
Eastern port, to carry over the ratification of the treaty when agreed to. It
met the general sense of the House, but was opposed by Dr. Lee, on the ground
of expense, which it would authorize the Agent to incur for us; and, he said,
it would be better to ratify at once, and send on the ratification. Some
members had before suggested, that sever. States were competent to the
ratification. My motion was therefore postponed, and another brought forward by
Mr. Read, of South Carolina, for an immediate ratification. This was debated
the 26th and 27th. Read, Lee, Williamson and Jeremiah Chase, urged that
ratification was a mere
Autobiography 83
matter of form, that the treaty was conclusive from the moment it was signed by
the ministers; that, although the Confederation requires the assent of nine
States to enter into a treaty, yet, that its conclusion could not be called
entrance into it; that supposing nine States requisite, it would be in the
power of five States to keep us always at war ; that nine States had virtually
authorized the ratification, having ratified the provisional treaty, and
instructed their ministers to agree to a definitive one in the same terms, and
the present one was, in fact, substantially, and almost verbatim, the same ;
that there now remain but sixty-seven days for the ratification, for its
passage across the Atlantic, and its exchange ; that there was no hope of our
soon having nine States present ; in f act, that this was the ultimate point of
time to which we could venture to wait ; that if the ratification was not in
Paris by the time stipulated, the treaty would become void; that if ratified by
seven States, it would go under our seal, without its being known to Great
Britain that only seven had concurred ; that it was a question of which they
had no right to take cognizance, and we were only answerable for it to our
constituents; that it was like the ratification which Great Britain had
received from the Dutch, by the negotiations of Sir William Temple.
On the contrary, it was argued by Monroe, Gerry, Howel, Ellery and myself, that
by the modern usage of Europe, the ratification was considered as the act
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which gave validity to a treaty, until which, it was not obligatory.' That the
commission to the ministers reserved the ratification to Congress; that the
treaty itself stipulated that it should be ratified; that it became a second
question, who were competent to the ratification? That the Confederation
expressly required nine States to enter into any treaty; that, by this, that
instrument must have intended, that the assent of nine States should be
necessary, as well to the completion as to the commencement of the treaty, its
object having been to guard the rights of the Union in all those important
cases where nine States are called for; that by the contrary construction,
seven States, containing less than one-third of our whole citizens, might rivet
on us a treaty, commenced indeed under commission and instructions from nine
States, but formed by the minister in express contradictory to such
instructions, and in direct sacrifice of the interests of so great a majority;
that the definitive treaty was admitted not to be a verbal copy of the
provisional one, and whether the departures from it were of substance, or not,
was a question on which nine States alone were competent to decide; that the
circumstances of the ratification of the provisional articles by nine States,
the instructions to our ministers to form a definitive one by them, and their
actual agreement in substance, do not render us competent to ratify in the
present instance; if these [(1) Vattel L. (2), º 156. L. (4), º 77. 1. Mably
Droit D'Enrope, 86.]
Autobiography 85
circumstances are in themselves a ratification, nothing further is requisite
than to give attested copies of them, in exchange for the British ratification;
if they are not, we remain where we were, without a ratification by nine
States, and incompetent ourselves to ratify; that it was but four days since
the seven States, now present, unanimously concurred in a resolution, to be
forwarded to the Governors of the absent States, in which they stated, as a
cause for urging on their delegates, that nine States were necessary to ratify
the treaty; that in the case of the Dutch ratification, Great Britain had
courted it, and therefore was glad to accept it as it was ; that they knew our
Constitution, and would object to a ratification by seven; that, if that
circumstance was kept back, it would be known hereafter, and would give them
ground to deny the validity of a ratification, into which they should have been
surprised and cheated, and it would be a dishonorable prostitution of our seal;
that there is a hope of nine States ; that if the treaty would become null, if
not ratified in time, it would not be saved by an imperfect ratification; but
that, in fact, it would not be null, and would be placed on better ground,
going in unexceptionable form, though a few days too late, and rested on the
small importance of this circumstance, and the physical impossibilities which
had prevented a punctual compliance in point of time ; that this would be
approved by all nations, and by Great Britain herself, if not
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determined to renew the war, and if so determined, she would never want
excuses, were this out of the way. Mr. Read gave notice, he should call for the
yeas and nays; whereon those in opposition, prepared a resolution, expressing
pointedly the reasons of their dissent from his motion. It appearing, however,
that his proposition could not be carried; it was thought better to make no
entry at all. Massachusetts alone would have been for it; Rhode Island,
Pennsylvania and Virginia against it, Delaware , Maryland and North Carolina,
would have been divided. . Our body was little numerous, but very contentious.
Day after day was wasted on the most unimportant questions. A member, one of
those afflicted with the morbid rage of debate, of an ardent mind, prompt
imagination, and copious flow of words, who heard with impatience any logic
which was not his own, sitting near me on some occasion of a trifling but wordy
debate, asked me how I could sit in silence, hearing so much false reasoning,
which a word should refute ? I observed to him, that to refute indeed was easy,
but to silence was impossible; that in measures brought forward by myself, I
took ; the laboring oar, as was incumbent on me ; but that in general, I was
willing to listen; that if every sound argument or objection was used by some
one or other of the numerous debaters, it was enough; if not, I thought it
sufficient to suggest the omission, without going into a repetition of what had
been
Autobiography 87
already said by others : that this was a waste and abuse of the time and
patience of the House, which could not be justified. And I believe, that if the
members of deliberate bodies were to observe this course generally, they would
do in a day, what takes them a week; and it is really more questionable, than
may at first be thought, whether Bonaparte's dumb legislature, which said
nothing, and did much, may not be preferable to one which talks much, and does
nothing. I served with General Washington in the legislature of Virginia,
before the revolution, and, during it, with Dr. Franklin in Congress. I never
heard either of them speak ten minutes at a time, nor to any but the main
point, which was to decide the question. They laid their shoulders to the great
points, knowing that the little ones would follow of themselves. If the present
Congress errs in too much talking, how can it be otherwise, in a body to which
the people send one hundred and fifty lawyers, whose trade it is to question
everything, yield nothing, and talk by the hour ? That one hundred and fifty
lawyers should do business together, ought not to be expected. But to return
again to our subject. Those who thought seven States competent to the
ratification, being very restless under the loss of their motion, I proposed,
on the third of January, to meet them on middle ground, and therefore moved a
resolution, which premised, that there were but seven States present, who were
unanimous for the rati-
88 Jefferson's Works
fication, but that they differed in opinion on the question of competency ;
that those however in the negative were unwilling that any. powers which it
might be supposed they possessed, should remain unexercised for the restoration
of peace, provided it could be done, saving their good faith, and without
importing any opinion of Congress, that seven States were competent, and
resolving that the treaty be ratified so far as they had power; that it should
be transmitted to our ministers, with instructions to keep it uncommunicated;
to endeavor to obtain three months longer for exchange of ratifications; that
they should be informed, that so soon as nine States shall be present, a
ratification by nine shall be sent them: if this should get to them before the
ultimate point of time for exchange, they were to use it, and not the other; if
not, they were to offer the act of the seven States in exchange, informing them
the treaty had come to hand while Congress was not in session; that but seven
States were as yet assembled, and these had unanimously concurred in the
ratification. This was debated on the third and fourth; and on the fifth, a
vessel being to sail for England, from this port (Annapolis), the House
directed the President to write to our ministers accordingly. January l4.
Delegates from Connecticut having attended yesterday, and another from South
Carolina coming in this day, the treaty was ratified without a dissenting voice
; and three instruments
Autobiography 89
of ratification were ordered to be made out, one of which was sent by Colonel
Harmer, another by Colonel Franks, and the third transmitted to the Agent of
Marine, to be forwarded by any good opportunity. Congress soon took up the
consideration of their foreign relations. They deemed it necessary to get their
commerce placed with every nation, on a footing as favorable as that of other
nations; and for this purpose, to propose to each a distinct treaty of
commerce. This act too would amount to an acknowledgment, by each, of our
independence, and of our reception into the fraternity of nations; which,
although as possessing our station of right, and in fact we would not
condescend to ask, we were not unwilling to furnish opportunities for receiving
their friendly salutations and welcome. With France, the United Netherlands,
and Sweden, we had already treaties of commerce ; but commissions were given
for those countries also, should any amendments be thought necessary. The other
States to which treaties were to be proposed, were England, Hamburg, Saxony,
Prussia, Denmark, Russia, Austria, Venice, Rome, Naples, Tuscany, Sardinia,
Genoa, Spain, Portugal, the Porte, Algiers, Tripoli, Tunis, and Morocco. On the
7th of May Congress resolved that a Minister Plenipotentiary should be
appointed, in addition to Mr. Adams and Dr. Franklin, for negotiating treaties
of commerce with foreign nations, and I was
90 Jefferson's Works
elected to that duty. I accordingly left Annapolis on the llth, took with me my
eldest daughter, then at Philadelphia (the two others being too young for the
voyage), and proceeded to Boston, in quest of a passage. While passing through
the different States I made a point of informing myself of the state of the
commerce of each ; went on to New Hampshire with the same view, and returned to
Boston. Thence I sailed on the 5th of July, in the Ceres, a merchant ship of
Mr. Nathaniel Tracey, bound to Cowes. He was himself a passenger, and, after a
pleasant voyage of nineteen days, from land to land, we arrived at Cowes on the
26th. I was detained there a few days by the indisposition of my daughter. On
the 30th, we embarked for Havre, arrived there on the 3lst, left it on the 3d
of August, and arrived at Paris on the 6th. I called immediately on Dr.
Franklin, at Passy, communicated to him our charge, and we wrote to Mr. Adams,
then at the Hague, to join us at Paris. Before I had left America, that is to
say, in the year 1781, I had received a letter from M. de Marbois, of the
French legation in Philadelphia, informing me, he had been instructed by his
government to obtain such statistical accounts of the different States of our
Union, as might be useful for their information; and addressing to me a number
of queries relative to the State of Virginia. I had always made it a practice,
whenever an opportunity occurred of obtaining any information of our coun-
Autobiography 91
try, which might be of use to me in any station, public or private, to commit
it to writing. These memoranda were on loose papers, bundled up without order,
and difficult of recurrence, when I had occasion for a particular one. I
thought this a good occasion to embody their substance, which I did in the
order of Mr. Mar bois' queries, so as to answer his wish; and to arrange them
for my own use. Some friends, to whom they were occasionally communicated,
wished for copies; but their volume rendering this too laborious by hand, I
proposed to get a few printed, for their gratification: I was asked such a
price, however, as exceeded the importance of the object. On my arrival at
Paris, I found it could be done for a fourth of what I had been asked here. I
therefore corrected and enlarged them, and had two hundred copies printed,
under the title of " Notes on Virginia." I gave a very few copies to some
particular friends in Europe, and sent the rest to my friends in America. A
European copy, by the death of the owner, got into the hands of a bookseller,
who engaged its translation, and when ready for the press, communicated his
intentions and manuscript to me, suggesting that I should correct it, without
asking any other permission for the publication. I never had seen so wretched
an attempt at translation. Interverted, abridged, mutilated, and often
reversing the sense of the original, I found it a blotch of errors, from
beginning to end. I corrected some of the most material, and, in that form,
92 Jefferson's Works
it was printed in French. A London bookseller, on seeing the translation,
requested me to permit him to print the English original. I thought it best to
do so, to let the world see that it was not really so bad as the French
translation had made it appear. And this is the true history of that
publication. Mr. Adams soon joined us at Paris, and our first employment was to
prepare a general form, to be proposed to such nations a s were disposed to
treat with us. During the negotiations for peace with the British Commissioner,
David Hartley, our Commissioners had proposed, on the suggestion of Dr.
Franklin, to insert an article, exempting from capture by the public or private
armed ships, of either belligerent, when at war, all merchant vessels and their
cargoes, employed merely in carrying on the commerce between nations. It was
refused by England, and unwisely, in my opinion. For, in the case of a war with
us, their superior commerce places infinitely more at hazard on the ocean, than
ours; and, as hawks abound in proportion to game, so our privateers would
swarm, in proportion to the wealth exposed to their prize; while theirs would
be few, for want of subjects of capture. We inserted this article in our form,
with a provision against the molestation of fishermen, husbandmen, citizens
unarmed, and following their occupations in unfortified places, for the humane
treatment of prisoners of war, the abolition of contraband oú war, which
exposes merchant vessels to such vexatious and ruinous
Autobiography 93
detentions and abuses; and for the principle of free bottoms, free goods. In a
conference with the Count de Vergennes, it was thought better to leave to
legislative regulation, on both sides, such modifications of our commercial
intercourse, as would voluntarily flow from amicable dispositions. Without
urging, we sounded the ministers of the several European nations, at the court
of Versailles, on their dispositions towards mutual commerce, and the
expediency of encouraging it by the protection of a treaty. Old Frederic, of
Prussia, met us cordially, and without hesitation, and appointing the Baron de
Thulemeyer, his minister at the Hague, to negotiate with us, we communicated to
him our Project, which, with little alteration by the King, was soon concluded.
Denmark and Tuscany, entered also into negotiations with us. Other powers
appearing indifferent; we did not think it proper to press them. They seemed,
in fact, to know little about us, but as rebels, who had been successful in
throwing off the yoke of the mother country. They were ignorant of our
commerce, which had been always monopolized by England, and of the exchange of
articles it might offer advantageously to both parties. They were inclined,
therefore, to stand aloof, until they could see better what relations might be
usefully instituted with us. The negotiations, therefore, begun with Denmark
and Tuscany, we protracted designedly, until our powers had expired; and
abstained
94 Jefferson's Works
from making new propositions to others having no colonies ; because our
commerce being an exchange of raw for wrought materials, is a competent price
for admission into the colonies of those possessing them; but were we to give
it, without price, to others, all would claim it, without price, on the
ordinary ground of gentis amicissimce. Mr. Adams being appointed Minister
Plenipo tertiary of the United States, to London, left us in June, and in July,
1785, Dr. Franklin returned to America, and I was appointed his successor at
Paris. In February, 1786, Mr. Adams wrote to me, pressingly, to join him in
London immediately, as he thought he discovered there some symptoms of better
disposition towards us. Colonel Smith, his secretary of legation, was the
bearer of his urgencies for my immediate attendance. I, accordingly, left Paris
on the 1st of March, and, on my arrival in London, we agreed on a very summary
form oú treaty, proposing an exchange of citizenship for our citizens, our
ships, and our productions generally, except as to office. On my presentation,
as usual, to the King and Queen, at their levees, it was impossible for
anything to be more ungracious, than their notice of Mr. Adams and myself. I
saw, at once, that the ulcerations of mind in that quarter, left nothing to be
expected on the subject of my attendance; and, on the first conference with the
Marquis of Caermarthen, the Minister for foreign affairs, the distance and
disinclination which he
Autobiography 95
betrayed in his conversation, the vagueness and evasions of his answers to us,
confirmed me in the belief of their aversion to have anything to do with us. We
delivered him, however, our Project, Mr. Adams not despairing as much as I did,
of its effect. We afterwards, by one or more notes, requested his appointment
of an interview and conference, which, without directly declining, he evaded,
by pretences of other pressing occupations for the moment. After staying there
seven weeks, till within a few days of the expiration of our commission, I
informed the minister, by note, that my duties at Paris required my return to
that place, and that I should, with pleasure, be the bearer of any commands to
his Ambassador there. He answered, that he had none, and, wishing me a pleasant
journey, I left London the 26th, and arrived at Paris the 30th of April. While
in London, we entered into negotiations with the Chevalier Pinto, Ambassador of
Portugal, at that place. The only article of difficulty between us was, a
stipulation that our bread stuff should be received in Portugal, in the form of
flour as well as of grain. He approved of it himself, but observed that several
Nobles, of great influence at their court, were the owners of wind-mills in the
neighborhood of Lisbon, which depended much for their profits on manufacturing
our wheat, and that this stipulation would endanger the whole treaty. He signed
it, however, and its fate was what he had candidly portended.
96 Jefferson's Works
My duties, at Paris, were confined to a few objects; the receipt of our
whale-oils, salted fish, and salted meats, on favorable terms; the admission of
our rice on equal terms with that of Piedmont, Egypt and the Levant; a
mitigation of the monopolies of our tobacco by the Farmers-general, and a free
admission of our productions into their islands, were the principal commercial:
objects which required attention; and, on these occasions, I was powerfully
aided by all the influence and the energies of the Marquis de La Fayette, who
proved himself equally zealous for the friendship and welfare of both nations;
and, in justice, I must also say, that I found the government entirely disposed
to befriend us on all occasions, and to yield us every indulgence, not
absolutely injurious to themselves. The Count de Vergennes had the reputation,
with the diplomatic corps, of being wary and slippery in his diplomatic
intercourse; and so he might be with those whom he knew to be slippery, and
double faced themselves. As he saw that I had no indirect views, practiced no
subtleties, meddled in no intrigues, pursued no concealed object, I found him
as frank, as honorable, as easy of access to reason, as any man with whom I had
ever done business ; and I must say the same for his successor, Montmorin, one
of the most honest and worthy of human beings. Our commerce, in the
Mediterranean, was placed under early alarm, by the capture of two of our ves-
Autobiography 97
sels and crews by the Barbary cruisers. I was very unwilling that we should
acquiesce in the European humiliation, of paying a tribute to those lawless
pirates, and endeavored to form an association of the powers subject to
habitual depredations from them. I accordingly prepared, and proposed to their
Ministers at Paris, for consultation with their governments, articles of a
special confederation, in the following form: " Proposals for concerted
operation among the powers at war with the piratical States of Barbary. 1. " It
is proposed, that the several powers at war with the piratical States of
Barbary, or any two or more of them who shall be willing, shall enter into a
convention to carry on their operations against those States, in concert,
beginning with the Algerines. 2. " This convention shall remain open to any
other powers, who shall, at any future time, wish to accede to it; the parties
reserving the right to prescribe the conditions of such accession, according to
the circumstances existing at the time it shall be proposed. 3. "The object of
the convention shall be, to compel the piratical States to perpetual peace,
without price, and to guarantee that peace to each other. 4. "The operations
for obtaining this peace shall be constant cruises on their coast, with a naval
force now to be agreed on. It is not proposed that this force shall be so
considerable as to be inconvenient
VOL. 1-7
98 Jefferson's Works
to any party. It is believed that half a dozen frigates, with as many Tenders
or Xebecs, one half of which shall be in cruise, while the other half is at
rest, will suffice. 5. " The force agreed to be necessary, shall be furnished
by the parties, in certain quotas, now to be fixed; it being expected, that
each will be willing to contribute, in such proportion as circumstances may
render reasonable. . 6. "As miscarriages often proceed from the want of harmony
among officers of different nations, the parties shall now consider and decide,
whether it will not be better to contribute their quotas in money, to be
employed in fitting out and keeping on duty, a single fleet of the force agreed
on. 7. " The difficulties and delays, too, which will attend the management of
these operations, if conducted by the parties themselves separately, distant as
their courts may be from one another, and incapable of meeting in consultation,
suggest a question, whether it will not be better for them to give full powers,
for that purpose, to their Ambassadors, or other Ministers resident at some one
court of Europe; who shall form a Committee, or Council, for carrying this
convention into effect; wherein, the vote of each member. shall be computed in
proportion to the quota of his sovereign, and the majority so computed, shall
prevail in all questions within the view of this convention. The court of
Versailles is proposed, on account of its neighborhood to the
Autobiography 99
Mediterranean, and because all those powers are represented there, who are
likely to become parties to this convention. 8. " To save to that Council' the
embarrassment of personal solicitations for office, and to assure the parties
that their contributions will be applied solely to the object for which they
are destined, there shall be no establishment of officers for the said Council,
such as Commissioners, Secretaries, or any other kind, with either salaries or
perquisites, nor any other lucrative appointments but such whose functions are
to be exercised on board the said vessels. 9. " Should war arise between any
two of the parties to this convention, it shall not extend to this enterprise,
nor interrupt it; but as to this they shall be reputed at peace. 10. " When
Algiers shall be reduced to peace; the other piratical States, if they refuse
to discontinue their piracies, shall become the objects of this convention,
either successively or together, as shall seem best. 11. " Where this
convention would interfere with treaties actually existing between any of the
parties and the States of Barbary, the treaty shall prevail, and such party
shall be allowed to withdraw from the operations against that State." Spain had
just concluded a treaty with Algiers, at the expense of three millions of
dollars, and did not like to relinquish the benefit of that, until the other
party should fail in their observance oú it.
100 Jefferson's Works
Portugal, Naples, the two Sicilies, Venice, Malta, Denmark and Sweden, were
favorably disposed to such an association ; but their representatives at Paris
expressed apprehensions that France would interfere, and, either openly or
secretly, support the Barbary powers; and they required, that I should
ascertain the dispositions of the Count de Vergennes on the subject. I had
before taken occasion to inform him of what we were proposing, and, therefore,
did not think it proper to insinuate any doubt of the fair conduct of his
government; but, stating our propositions, I mentioned the apprehensions
entertained by us, that England would interfere in behalf of those piratical
governments. " She dares not do it," said he. I pressed it no further. The
other Agents were satisfied with this indication of his sentiments, and nothing
was now wanting to bring it into direct and formal consideration, but the
assent of our government, and their authority to make the formal proposition. I
communicated to them the favorable prospect of protecting our commerce from the
Barbary depredations, and for such a continuance of time, as, by an exclusion
of them from the sea, to change their habits and characters, from a predatory
to an agricultural people : towards which, however, it was expected they would
contribute a frigate, and its expenses, to be in constant cruise. But they were
in no condition to make any such engagement. Their recommendatory powers for
obtaining contributions, were so openly neglected
Autobiography 101
by the several States, that they declined an engagement which they were
conscious they could not fulfil with punctuality; and so it fell through. (1)
In 1786, while at Paris, I became acquainted with John Ledyard, of Connecticut,
a man of genius, of some science, and of fearless courage and enterprise. He
had accompanied Captain Cook in his voyage to the Pacific, had distinguished
himself on several occasions by an unrivaled intrepidity, and published an
account of that voyage, with details unfavorable to Cook's deportment towards
the savages, and lessening our regrets at his fate. Ledyard had come to Paris,
in the hope of forming a company to engage in the fur trade of the Western
coast of America. He was disappointed in this, and, being out of business, and
of a roaming, restless character, I suggested to him the enterprise of
exploring the Western part of our continent, by passing through St. Petersburg
to Kamschatka, and procuring a passage thence in some oú the Russian vessels to
Nootka Sound, whence he might make his way across the continent to the United
States ; and I undertook to have the permission of the Empress of Russia
solicited. He eagerly embraced the proposition, and M. de Semoulin, the Russian
Ambassador, and more particularly Baron Grimm, the special correspondent of the
Empress, solicited her permission for him to pass through
_______________
[(1) In the original MS., the paragraph ending "fell through " terminates page
81; between this page and the next, there is stitched in a leaf of old writing,
constituting a memorandum, whereof note G. in. the Appendix, is a copy.]
102 Jefferson's Works
her dominions, to the Western coast of America. And here I must correct a
material error, which I have committed in another place, to the prejudice of
the Empress. In writing some notes of the life of Captain Lewis, prefixed to
his " Expedition to the Pacific," I stated that the Empress gave the permission
asked, and afterwards retracted it. This idea after a lapse of twenty-six
years, had so insinuated itself into my mind, that I committed it to paper,
without the least suspicion of error. Yet I find, on recurring to my letters of
that date, that the Empress refused permission at once, considering the
enterprise as entirely chimerical. But Ledyard would not relinquish it,
persuading himself that, by proceeding to St. Petersburg, he could satisfy the
Empress of its practicability, and obtain her permission. He went accordingly,
but she was absent on a visit to some distant part of her dominions,(1) and he
pursued his course to within two hundred miles of Kamschatka, where he was
overtaken by an arrest from the Empress, brought back to Poland, and there
dismissed. I must therefore, in justice, acquit the Empress of ever having for
a moment countenanced even by the indulgence of an innocent passage through her
territories, this interesting enterprise. The pecuniary distresses of France
produced this year a measure of which there had been no example for nearly two
centuries, and the consequences of which, good and evil, are not yet
calculable. For its remote causes, we must go a little back.
_______________
[(1) The Crimea.]
Autobiography 103
Celebrated writers of France and England had already sketched good principles
on the subject of government ; yet the American Revolution seems first to have
awakened the thinking part of the French nation in general, from the sleep of
despotism in which they were sunk. The officers too, who had been to America;
were mostly young men, less shackled by habit and prejudice, and more ready to
assent to the suggestions of common sense, and feeling of common rights, than
others. They came back with new ideas and impressions. The press,
notwithstanding its shackles, began to disseminate them; conversation assumed
new freedoms; Politics became the theme of all societies, male and female, and
a very extensive and zealous party was formed, which acquired the appellation
of the Patriotic party, who, sensible of the abusive government under which
they lived, sighed for occasions of reforming it. This party comprehended all
the honesty of the kingdom, sufficiently at leisure to think, the men oú
letters, the easy Bourgeois, the young nobility, partly from reflection, partly
from mode; for these sentiments became matter of mode, and as such, united most
of the young women to the party. Happily for the nation, it happened, at the
same moment, that the dissipations of the Queen and court, the abuses of the.
pension-list, and dilapidations in the administration of every branch of the
finances, had exhausted the treasures and credit of the nation, insomuch that
its most necessary functions were paralyzed. To reform
104 Jefferson's Works
these abuses would have overset the Minister; to impose new taxes by the
authority of the King, was known to be impossible, from the determined
opposition of the Parliament to their enregistry. No resource remained then,
but to appeal to the nation. He advised, therefore, the call of an Assembly of
the most distinguished characters of the nation, in the hope that, by promises
of various and valuable improvements in the organization and regimen of the
government, they would be induced to authorize new taxes, to control the
opposition of the Parliament, and to raise the annual revenue to the level of
expenditures. An Assembly of Notables therefore, about one hundred and fifty in
number, named by the King, convened on the 22d of February. The Minister
(Calonne) stated to them, that the annual excess of expenses beyond the
revenue, when Louis XVI. came to the throne, was thirty-seven millions of
livres; that four hundred and forty millions had been borrowed to re-establish
the navy; that the American war had cost them fourteen hundred and forty
millions (two hundred and fifty-six millions of dollars), and that the interest
of these sums, with other increased expenses, had added forty millions more to
the annual deficit. (But a subsequent and more candid estimate made it
fifty-six millions.) He proffered them a universal redress of grievances, laid
open those grievances fully, pointed out sound remedies, and, covering his
canvas with objects of this magnitude, the deficit dwindled to a little acces-
Autobiography 105
sory, scarcely attracting attention. The persons chosen were the most able and
independent characters in the kingdom, and their support, if it could be
obtained, would be enough for him. They improved the occasion for redressing
their grievances, and agreed that the public wants should be relieved; but went
into an examination of the causes of them. It was supposed that Calonne was
conscious that his accounts could not bear examination; and it was said, and
believed, that he asked of the King, to send four members to the Bastile, of
whom the Marquis de La Fayette was one, to banish twenty others, and two of his
Ministers. The King found it shorter to banish him. His successor went on in
full concert with the Assembly. The result was an augmentation of the revenue,
a promise of economies in its expenditure, of an annual settlement of the
public accounts before a council, which the Comptroller, having been heretofore
obliged to settle only with the King in person, of course never settled at all
; an acknowledgment that the King could not lay a new tax, a reformation of the
Criminal laws, abolition of torture, suppression of corvees, reformation of the
gabelles, removal of the interior Custom Houses, free commerce of grain,
internal and external, and the establishment of Provincial Assemblies; which,
altogether, constituted a great mass of improvement in the condition of the
nation. The establishment of the Provincial Assemblies was, in itself, a
fundamental improvement. They would be of the choice
106 Jefferson's Works
of the people, one-third renewed every year, in those provinces where there are
no States, that is to say, over about three-fourths of the kingdom. They would
be partly an Executive themselves, and partly an Executive Council to the
Intendant, to whom the Executive power, in his province, had been hereto- fore
entirely delegated. Chosen by the people, they would soften the execution of
hard laws, and, having a right of representation to the King; they would
censure bad laws, suggest good ones, expose abuses, and their representations,
when united, would command respect. To the other advantages, might be added the
precedent itself of calling the Assembly Des Notables, which would perhaps grow
into habit. The hope was, that the improvements thus promised would be carried
into effect; that they would be maintained during the present reign, and that
that would be long enough for them to take some root in the constitution, so
that they might come to be considered as a part of that, and be protected by
time, and the attachment of the nation. The Count de Vergennes had died a few
days before the meeting of the Assembly, and the Count de Montmorin had been
named Minister of Foreign Affairs, in his place. Villedeuil succeeded Calonne;
as Comptroller General, and Lomenie de Bryenne, Archbishop of Thoulouse,
afterwards of Sens, and ultimately Cardinal Lomenie, was named Minister
principal, with whom the other Ministers were to transact the business of their
departments, heretofore done with the
Autobiography 107
King in person; and the Duke de Nivernois, and M. de Malesherbes, were called
to the Council. On the nomination of the Minister principal, the Marshals de
Segur and de Castries retired from the departments of War and Marine, unwilling
to act subordinately, or to share the blame of proceedings taken out of their
direction. They were succeeded by the Count de Brienne, brother of the Prime
Minister, and the Marquis de La Luzerne, brother to him who had been Minister
in the United States. A dislocated wrist, unsuccessfuily set, occasioned advice
from my surgeon, to try the mineral waters of Aix, in Provence, as a
corroborant. I left Paris for that place therefore, on the 28th of February,
and proceeded up the Seine, through Champagne and Burgundy, and down the Rhone
through the Beaujolais by Lyons, Avignon, Nismes to Aix; where, finding on
trial no benefit from the waters, I concluded to visit the rice country of
Piedmont, to see if anything might be learned there, to benefit the rivalship
of our Carolina rice with that, and thence to make a tour of the seaport towns
of France, along its Southern and Western coast, to inform myself, if anything
could be done to favor our commerce with them. From Aix, therefore, I took my
route by Marseilles, Toulon, Hieres, Nice, across the Col de Tende b Coni,
Turin, Vercelli, Novara, Milan, Pavia, Novi, Genoa. Thence, returning along the
coast of Savona, Noli, Albenga, Oneglia, Monaco, Nice, Antibes, Frejus, Aix,
Marseilles, Avignon, Nismes,
108 Jefferson's Works
Montpellier; Frontignan, Cette, Agde, and along the canal of Languedoc, by
Bezieres, Narbonne, Cascassonne, Castelnaudari, through the Souterrain of St.
Feriol, and back by Castelnaudari, to Toulouse thence to Montauban, and down
the Garonne by Langon to Bordeaux. Thence to Rochefort, la Rochelle, Nantes,
L'Orient; then back by Rennes to Nantes, and up the Loire by Angers, Tours,
Amboise, Blois to Orleans, thence direct to Paris, where I arrived on the loth
of June. Soon after my return from this journey, to wit, about the latter part
of July, I received my younger daughter; Maria, from Virginia, by the way of
London, the youngest having died some time before. The treasonable perfidy of
the Prince of Orange, Stadtholder and Captain General of the United
Netherlands, in the war which England waged against them, for entering into a
treaty of commerce with the United States, is known to all. As their Executive
officer, charged with the conduct of the war, he contrived to baffle all the
measures of the States General, to dislocate all their military plans and
played false into the hands of England against his own country, on every
possible occasion, confident in her protection, and in that of the King of
Prussia, brother to his Princess. The States General, indignant at this
patricidal conduct, applied to France for aid, according to the stipulations of
the treaty concluded with her in '85. It was assured to them readily, and in
cordial terms, in a letter from
Autobiography 109
the Count de Vergennes, to the Marquis de Verac, Ambassador of France at the
Hague, of which the following is an extract:
" Extrait de la depeche de Monsieur le Comte de Vergennes 'a Monsieur le
Marquis de Verac, Ambassadeur de France a la Haye, du ier Mars, 1786. " Le Roi
concourrera, autant, qu' il sera en son pouvoir, au succes de la chose, et vous
inviterez, de sa part, les patriotes de lui communiquer leurs vues, leurs
plans, et leurs envieux. Vous les assurerez, que le roi prend un interet
veritable 'a leurs personnes comme a leur cause, et qu' ils peuvent compter sur
sa protection. Ils doivent y compter d' autant plus Monsieur, que nous ne
dissimulons pas, que si Monsieur le Stadhoulder reprend son ancienne influence,
le systeme Anglois ne tardera pas de prevaloir, et que notre alliance
deviendroit un etre de raison. Les Patriotes sentiront facilement, que cette
position seroit incompatible avec la dignite, comme avec la consideration de sa
majeste. Mais dans le cas, Monsieur, ou les chefs Des Patriotes auroient a
craindre une scission, ils auroient le temps suffisant pour ramener ceux de
leurs amis, que les Anglomanes ont egares, et preparer les choses, de maniere
que, la question de nouveau mise en deliberation, soit decidee selon leurs
desirs. Dans cette hypothese, le roi vous autorise 'a agir de concert avec eux,
de suivre la direction qu' ils jugeront devoir vous donner, et d' employer tous
les moyens pour augmenter le nombre Des partisans de la bonne cause.
110 Jefferson's Works
II me reste, Monsieur, de vous parler de la surete personelle Des Patriotes.
Vous les assurcrez, que dans tout etat de cause, le roi les prend sous sa
protection immediate, et vous ferez connoitre, partout ou vous le jugerez
necessaire, que sa Majeste regarderoit comme une offense personnelle; tout ce
qu' on entreprenderoit contre leur liberte. Il est 'a presumer que ce langage,
tenu avec energie, en imposera 'a l'audace Des Anglomanes, et que Monsieur le
Prince de Nassau croira courir quelque risque en provoquant le ressentiment de
sa Majeste. " (1) This letter was communicated by the Patriots to
_______________
[1 Extract from the despatch of the Count de Vergennes, to the Marquis de
Verac, Ambassador from France, at the Hague, dated March 1, 1786: "The King
will give his aid, as far as may be in his power, towards the success of the
affair, and will, on his part, invite the Patriots to communicate to him their
views, their plans, and their discontents. You may assure them that the King
takes a real interest in themselves as well as their cause, and that they may
rely upon his protection. On this they may place the greater dependence, as we
do not conceal, that if the Stadtholder resumes his former influence, the
English System will soon prevail, and our alliance become a mere affair of the
imagination. The Patriots will readily feel, that this position would be
incompatible both with the dignity and consideration of his Majesty: But in
ease the Chief oú the Patriots should have to fear a division, they would have
time sufficient to reclaim those whom the Anglomaniacs had missed, and to
prepare matters in such a manner, that the question when again agitated, might
be decided according to their wishes. In such a hypothetical case, the King
authorizes you to act in concert with them, to pursue the direction which they
may think proper to give you, and to employ every means to augment the number
of the partisans of the good cause. It remains for me to speak of the personal
security of the Patriots. You may assure them, that under every circumstance,
the King will take them under his immediate protection, and you will make known
wherever you may judge neces-
Autobiography 111
me, when at Amsterdam, in 1788, and a copy sent by me to Mr. Jay, in my letter
to him of March 16, 1788. The object of the Patriots was, to establish a
representative and republican, government. The majority of the States General
were with them, but the majority of the populace of the towns was with the
Prince of Orange ; and that populace was played off with great effect. by the
triumvirate of * * * Harris, the English Ambassador, afterwards Lord
Malmesbury, the Prince of Orange, a stupid man, and the Princess as much a man
as either of her colleagues, in audaciousness, in enterprise, and in the thirst
of domination. By these, the mobs of the Hague were excited against the members
of the States General; their persons were insulted and endangered in the
streets; the sanctuary of their houses was violated; and the Prince, whose
function and duty it was to repress and punish these violations of order, took
no steps for that purpose. The States General, for their own protection, were
therefore obliged to place their militia under the command of a Committee. The
Prince filled the courts of London and Berlin with complaints at this
usurpation of his prerogatives, and, forgetting that he was but the first
servant of a Republic, marched his
_______________
[sary, that his Majesty will regard as a personal offence every undertaking
against their liberty. It is to be presumed that this language energetically
maintained, may have some effect on the audacity of the Anglomaniacs, and that
the Prince de Nassau will feel that he runs some risk in provoking the
resentment of his Majesty."]
112 Jefferson's Works
regular troops against the city of Utrecht, where the States were in session.
They were repulsed by the militia. His interests now became marshalled with
those of the public enemy, and against his own country. The States, therefore,
exercising their rights of sovereignty, deprived him of all his powers. The
great Frederic had died in August, '86. He had never intended to break with
France in support of the Prince of Orange. During the illness of which he died,
he had, through the Duke of Brunswick, declared to the Marquis de La Fayette,
who was then at Berlin, that he meant not to support the English interest in
Holland: that he might assure the government of France, his only wish was,
'that some honorable place in the Constitution should be reserved for the
Stadtholder and his children, and that he would take no part in the quarrel,
unless an entire abolition of the Stadtholderate should be attempted. But his
place was now occupied by Frederic William, his great nephew, a man of little
understanding, much caprice, and very inconsiderate ; and the Princess, his
sister, although her husband was in arms against the legitimate authorities of
the country, attempting to go to Amsterdam, for the purpose of exciting the
mobs of that place, and being refused permission to pass a military post on the
way, he put the Duke of Brunswick at the head of twenty thousand men, and made
demonstrations of marching on Holland. The King of France hereupon declared, by
his Charge Des Affaires
Autobiography 113
in Holland, that if the Prussian troops continued to menace Holland with an
invasion, his Majesty, in quality of Ally, was determined to succor that
province. In answer to this, Eden gave official information to Count Montmorin,
that England must consider as at an end its convention with France relative to
giving notice of its naval armaments, and that she was arming generally. War
being now imminent, Eden, since Lord Aukland, questioned me on the effect of
our treaty with France, in the case of a war, and what might be our
dispositions. I told him frankly, and without hesitation, that our dispositions
would be neutral, and that I thought it would be the interest of both these
powers that we should be so; because, it would relieve both from all anxiety as
to feeding their West India islands; that England, too, by suffering us to
remain so, would avoid a heavy land war on our Continent, which might very much
cripple her proceedings elsewhere; that our treaty, indeed, obliged us to
receive into our ports the armed vessels of France, with their prizes, and to
refuse admission to the prizes made on her by her enemies : that there was a
clause, also, by which we guaranteed to France her American possessions, which
might perhaps force us into the war, if these were attacked. " Then it will be
war," said he, "for they will assuredly be attacked." Liston, at Madrid, about
the same time, made the same inquiries of Carmichael. The Government of France
then declared a determination to form a
VOL. 1-8
114 Jefferson's Works
camp of observation at Givet, commenced arming her marine, and named the Bailli
de Suffrein their Generalissimo on the Ocean. She secretly engaged, also, in
negotiations with Russia, Austria, and Spain, to form a quadruple alliance. The
Duke of Brunswick having advanced to the confines of Holland sent some of his
officers to Givet, to reconnoitre the state of things there, and report them to
him. He said afterwards, that " if there had been only a few tents at ' that
place, he should not have advanced further, for that the King would not, merely
for the interest of his sister, engage in a war with France." But, finding that
there was not a single company there, he boldly entered the country, took their
towns as fast as he presented himself before them and advanced on Utrecht. The
States had appointed the Rhingrave of Salm their Commander-inChief ; a Prince
without talents, without courage, and without principle. He might have held out
in Athrocyte for a considerable time, but he surrendered the place without
firing a gun, literally ran away and hid himself, so that for months it was not
known what had become of him. Arnsterdam was then attacked, and capitulated. In
the meantime, the negotiations for the quadruple alliance were proceeding
favorably; but the secrecy with which they were attempted to be conducted, was
penetrated by Fraser, Charge d Affaires of England at St. Petersburg, who
instantly notified his court, and gave the alarm to Prussid. The King saw at
once what
Autobiography 115
would be his situation, between the jaws of France, Austria, and Russia. In
great dismay, he besought the court of London not to abandon him, sent
Alvensleben to Paris to explain and soothe; and England, through the Duke of
Dorset and Eden, renewed her conferences for accommodation. The Archbishop, who
shuddered at the idea of war, and preferred a peaceful surrender of right to an
armed vindication of it, received them with open arms, entered into cordial
conferences, and a declaration, and counter-declaration, were cooked up at
Versailles, and sent to London f or approbation. They were approved there,
reached Paris at one o'clock of the 27th, and were signed that night at
Versailles. It was said and believed at Paris, that M. de Montmorin, literally
" pleuroit comme un enf ant, " when obliged to sign this counter-declaration ;
so distressed was he by the dishonor of sacrificing the Patriots, after
assurances so solemn of protection, and absolute'encouragoment to proceed. The
Prince of Orange was reinstated in all his powers, now become regal. A great
emigration of the Patriots took place ; all were deprived of office, many
exiled, and their property confiscated. They were received in France, and
subsisted, . for some time, on her bounty. Thus fell Holland, by the treachery
of her Chief, from her honorable independence, to become a province of England
; and so, also, her Stadtholder, from the high station of the first citizen of
a free Republic, to be the servile Viceroy of a foreign
116 Jefferson's Works
Sovereign. And this was effected by a mere scene of bullying and demonstration
; not one of the parties, France, England, or Prussia, having ever really meant
to encounter actual war for the interest of the Prince of Orange. But it had
all the effect of a real and decisive war. Our first essay, in America, to
establish a federative government had fallen, on trial, very short of its
object. During the war of Independence, while the pressure of an external enemy
hooped us together, and their enterprises kept us necessarily on the alert the
spirit of the people, excited by danger, was a supplement to the Confederation,
and urged them to zealous exertions, whether claimed by that instrument or not;
but, when peace and safety were restored, and every man became engaged in
useful and profitable occupation, less attention was paid to the calls of
Congress. The fundamental defect of the Confederation was, that Congress was
not authorized to act immediately on the people, and by its own officers. Their
power was only requisitory, and 'these requisitions were addressed to the
several Legislatures, to be by them carried into execution, without other
coercion than the moral principle of duty. This allowed, in fact, a negative to
every Legislature, on every measure proposed by Congress; a negative so
frequently exercised in practice, as to benumb the action of the Federal
government, and to render it inefficient in its general objects, and more
especially in pecuniary and foreign
Autobiography 117
concerns. The want, too, of a separation of the Legislative, Executive, and
Judiciary functions, worked disadvantageously in practice. Yet this state of
things afforded a happy augury of the future march of our Confederacy, when it
was seen that the good sense and good dispositions of the people, as soon as
they perceived the incompetence of their first compact, instead of leaving its
correction to insurrection and civil war, agreed, with one voice, to elect
deputies to a general Convention, who should peaceably meet and agree on such a
Constitution as " would ensure peace, justice, liberty, the common defence and
general welfare. " This Convention met at Philadelphia on the 25th of May, '87.
It sat with closed doors, and kept all its proceedings secret, until its
dissolution on the 17th of September, when the results of its labors were
published all together. I received a copy, early in November, and read and
contemplated its provisions with great satisfaction. As not a member of the
Convention, however, nor probably a single citizen of the Union, had approved
it in all its parts, so I, too, found articles which I thought objectionable.
The absence of express declarations ensuring freedom of religion, freedom of
the press, freedom of the person under the uninterrupted protection of the
Habeas corpus, and trial by jury in Civil as well as in Criminal cases, excited
my jealousy; and the re-eligibility of the President for life, I quite
disapproved. I expressed freely, in letters to my friends,
118 Jefferson's Works
and most particularly to Mr. Madison and General Washington, my approbations
and objections. How the good should be secured and the ill brought to rights,
was the difficulty. To refer it back to a new Convention might endanger the
loss of the whole. My first idea was, that the nine States first acting should
accept it unconditionally, and thus secure what in it was good, and that the
four last should accept on the previous condition, that certain amendments
should be agreed to; but a better course was devised, of accepting the whole,
and trusting that the good sense and honest intentions of our citizens, would
make the alterations which should be deemed necessary. Accordingly, all
accepted, six without objection, and seven with recommendations of specified
amendments. Those respecting the press, religion, and juries, with several
others, of great value, were accordingly made ; but the Habeas corpus was left
to the discretion of Congress, and the amendment against the re-eligibility of
the President was not proposed. My fears of that feature were founded on the
importance of the office, on the fierce contentions it might excite among
ourselves, if continuable for life and the dangers of interference, either with
money or arms, by foreign nations, to whom the choice of an American President
might become interesting. Examples of this abounded in history; in the case of
the Roman Emperors, for instance; of the Popes, while of any significance ; of
the German Emperors ; the Kings of Poland, and the Deys of Barbary. I had
Autobiography 119
observed, too, in the feudal history, and in the recent instance, particularly,
of the Stadtholder of Holland, how easily offices, or tenures for life, slide
into inheritances. My wish, therefore,.was,. that the President should be
elected for seven years, and be ineligible afterwards. This term I thought
sufficient to enable him, with the concurrence of the Legislature, to carry
through and establish any system of improvement he should propose for the
general good. But the practice adopted, I think, is better, allowing his
continuance for eight years, with a liability to be dropped at half way of the
term, making that a period of probation. That his continuance should be
restrained to seven years, was the opinion of the Convention at an earlier
stage of its session, when it voted that term, by a majority. of eight against
two, and by a simple majority that he should be ineligible a second time. This
opinion was confirmed by the House so late as July 26, referred to the
Committee of detail, reported favorably by them, and changed to the present
form by final vote, on the last day but. one only of their session. Of this
change, three States expressed their disapprobation; New York, by recommending
an amendment, that the President should not be eligible a third time, and
Virginia and North Carolina that he should not be capable of serving more than
eight, in any term of sixteen years ; and though this amendment has not been
made in form, yet practice seems to have established it. The example of four
Presidents voluntarily retiring at the end of their eighth
120 Jefferson's Works
year, and the progress of public opinion, that the principle is salutary, have
given it in practice the force of precedent and usage; insomuch, that, should a
President consent to be a candidate for a third election, I trust he would be
rejected, on this demonstration of ambitious views. But there was another
amendment, of which none of us thought at the time, and in the omission of
which, lurks the germ that is to destroy this happy combination of National
powers in the General government, for matters of National concern, and
independent powers in the States, for what concerns the States severally. In
England, it was a great point gained at the Revolution, that the commissions of
the Judges, which had hitherto been during pleasure, should thenceforth be made
during good behavior. A Judiciary, dependent on the will of the King, had
proved itself the most oppressive of all tools, in the hands of that
Magistrate. Nothing, then, could be more salutary, than a change there, to the
tenure of good behavior; and the question of good behavior, left to the vote of
a simple majority in the two Houses of Parliament. Before the Revolution, we
were all good English Whigs, cordial in their free principles, and in their
jealousies of their Executive Magistrate. These jealousies are very apparent,
in all our state Constitutions ; and, in the General government in this
instance, we have gone even beyond the English caution, by requiring a vote of
two-thirds, in one of the Houses, for removing a Judge; a vote so impos-
Autobiography 121
sible, where(1) any defence is made, before men of ordinary prejudices and
passions, that our Judges are effectually independent of the nation. But this
ought not to be. I would not, indeed, make them dependent on the Executive
authority, as they formerly were in England; but I deem it indispensable to the
continuance of this government, that they should be submitted to some practical
and impartial control; and that this, to be imparted, must be compounded of a
mixture of State and Federal authorities. It is not enough that honest men are
appointed Judges. All know the influence of interest on the mind of man, and
how unconsciously his judgment is warped by that influence. To this bias add
that of the esprit de corps, of their peculiar maxim and creed, that " it is
the office of a good Judge to enlarge his jurisdiction," and the absence of
responsibility; and how can we expect impartial decision between the General
government, of which they are themselves so eminent a part, and an individual
State, from which they have nothing to hope or fear? We have seen, too, that
contrary to all correct example, they are in the habit of going out of the
question before them, to throw an anchor ahead, and grapple further hold for
future advances of power. They are then, in f act, the corps of sappers and
miners, steadily working to undermine the
_______________
[(1) In the impeachment of Judge Pickering, of New Hampshire, a habitual and
maniac drunkard, no defence was made. Had there been, the party vote of more
than one-third of the Senate would have acquitted him.]
122 Jefferson's Works
independent rights of the States, and to consolidate all power in the hands of
that government in which they have so important a freehold estate. But it is
not by the consolidation., or concentration of powers, but by their
distribution, that good government is effected. Were not this great country
already divided into States, that division must be made, that each might do for
itself what concerns itself directly, and what it can so much better do than a
distant authority. Every State again is divided into counties, each to take
care of what lies within its local bounds; each county again into townships or
wards, to manage minuter details ; and every ward into farms, to be governed
each by its individual proprietor. Were we directed from Washington when to
sow, and when to reap, we should soon want bread. It is by this partition of
cares, descending in gradation from general to particular, that the mass of
human affairs may be best managed, for the good and prosperity of all. I
repeat, that I do not charge the Judges with wilful and illintentioned error;
but honest error must be arrested, where its toleration leads to public ruin.
As, for the safety of society, we commit honest maniacs to Bedlam, so judges
should be withdrawn from their bench whose erroneous biases are leading us to
dissolution. It may, indeed, injure them in fame or in fortune but it saves the
Republic, which is the first and supreme law. Among the debilities of the
government of the
Autobiography 123
Confederation, no one was more distinguished or more distressing, than the
utter impossibility of obtaining, from the States, the moneys necessary for the
payment of debts, or even for the ordinary expenses of the government. Some
contributed a little, some less, and some nothing ; and the last furnished at
length an excuse for the first to do nothing also. Mr. . Adams, while residing
at the Hague, had a general authority to borrow what sums might be requisite,
for ordinary and necessary expenses. Interest on the public debt, and the
maintenance of the diplomatic establishment in Europe, had been habitually
provided in this way. He was now elected Vice-President of the United States,
was soon to return to America, and had referred our bankers to me for future
counsel, on our affairs in their hands. But I had no powers, no instructions,
no means, and no familiarity with the subject. It had always been exclusively
under his management, except as to occasional and partial deposits in the hands
of Mr. Grand, banker in Paris, for special and local purposes. These last had
been exhausted for some time, and I had fervently pressed the Treasury board to
replenish this particular deposit, as Mr. Grand now refused to make further
advances. They answered candidly, that no funds could be obtained until the new
government should get into action, and have time to make its arrangements. Mr.
Adams had received his appointment to the court, of London, while engaged at
Paris, with Dr. Franklin and my
124 Jefferson's Works
self, in the negotiations under our joint commissions. He had repaired thence
to London, without returning to the Hague, to take leave of that government. He
thought it necessary, however, to do so now, before he should leave Europe, and
accordingly went there. I learned his departure from London, by a letter from
Mrs. Adams, received on the very day on which he would arrive at the Hague. A
consultation with him, and some provision for the future, was indispensable,
while we could yet avail ourselves of his powers; for when they would be gone,
we should be without resource. I was daily dunned by a Company who had formerly
made a small loan to the United States, the principal of which was now become
due ; and our bankers in Amsterdam, had notified me that the interest on our
general debt would be expected in June; that if we failed to pay it, it would
be deemed an act of bankruptcy, and would effectually destroy the credit of the
United States, and all future prospect of obtaining money there; that the loan
they had been authorized to open, of which a third only was filled, had now
ceased to get forward, and rendered desperate that hope of resource. I saw that
there was not a moment to lose, and set out for the Hague on the second morning
after receiving the information of Mr. Adams's journey. I went the direct road
by Louvres, Senlis Roye, Pont St. Maxence, Bois le duc, Gournay, Peronne,
Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick,
and Rotter
Autobiography 125
dam, to the Hague, where I happily found Mr. Adams. He concurred with me at
once in opinion, that something must be done, and that we ought to risk
ourselves on doing it without instructions, to save the credit of the United
States. We foresaw, that before the new government could be adopted, assembled,
establish its financial system, get the money into the Treasury, and place it
in Europe, considerable time would elapse; that, therefore, we had better
provide at once, for the years '88, '89, and 'go, in order to place our
government at its ease, and our credit in security, during that trying
interval. We set out, therefore, by the way of Leyden, for Amsterdam, where we
arrived on the 10th. I had prepared an estimate, showing that Florins. There
would be necessary for the year '88. . . . . . . . . . 531,937-10 '89. . . . .
. . . . . 538,540 '90. . . . . . . . . . 473,540
Total :....... ... ... ......... ... . .1,544,017-10 Florins. To meet this, the
bankers had in hand. . 79,268-2-8 and the unsold bonds would yield. . :.
542,800 622,068-2-8
Leaving a deficit of. . . . . . . . . . . . . . . . . . 921,949-7-4 We
proposed then to borrow a million, yielding. . . . . 920,000
Which would leave a small deficiency of. . . . . . . 1,949-7-4 Mr. Adams
accordingly executed 1000 bonds, for l000 florins each, and deposited them in
the hands of our bankers, with instructions, however, not to issue them until
Congress should ratify the measure.
126 Jefferson's Works
This done, he returned to London, and I set out for Paris; and, as nothing
urgent forbade it, I determined to return along the banks of the Rhine, to
Strasburg, and thence strike off to Paris. I accordingly left Amsterdam on the
30th of March, and proceeded by Utrecht, Nimeguen, Cleves, Duysberg,
Dusseldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, and made an
excursion to Hanau, thence to Mayence, and another excursion to Rudesheim, and
Johansberg; then by Oppenheim, Worms, and Manheim, making an excursion to
Heidelberg, then by Spire, Carlsruh, Rastadt and Kelh, to Strasburg, where I
arrived April the l6th, and proceeded again on the l8th, by Phalsbourg,
Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Bar-le-duc, St. Diziers,
Vitry, Chalons sur Marne, Epernay, Chateau Thierri, Meaux, to Paris, where I
arrived on the 23d of April; and I had the satisfaction to reflect, that by
this journey our credit was secured, the new government was placed at ease for
two years to come, and that, as well as myself, relieved from the torment of
incessant duns, whose just complaints could not be silenced by any means within
our power. A Consular Convention had been agreed on in '84, between Dr.
Franklin and the French government, containing several articles, so entirely
inconsistent with the laws of the several States, and the general spirit of our
citizens, that Congress withheld their ratification, and sent it back to me,
with
Autobiography 127
instructions to get those articles expunged, or modified so as tv render them
compatible with our laws. The Minister unwillingly released us from these
concessions, which, indeed, authorized the exercise of powers very offensive in
a free State. After much discussion, the Convention was reformed in a
considerable degree, and was signed by the Count Montmorin and myself, on the
l4th of November, '88; not, indeed, such as I would have wished, but such as
could be obtained with good humor and friendship. On my return from Holland, I
found Paris as I had left it, still in high fermentation. Had the Archbishop,
on the close of the Assembly of. Notables, immediately carried into operation
the measures contemplated, it was believed they would all have been registered
by the Parliament; but he was slow, presented his edicts, one after another,
and at considerable intervals, which gave time for the feelings excited by the
proceedings of the Notables to cool off, new claims to be advanced, and a
pressure to arise for a fixed constitution, not subject to changes at the will
of the King. Nor should we wonder at this pressure, when we consider the
monstrous abuses of power under which this people were ground to powder; when
we pass in review the weight of their taxes, and the inequality of their
distribution; the oppressions of the tithes, the tailles, the corvees, the
gabelles, the farms and the barriers; the shackles on commerce by monopolies;
128 Jefferson's Works
on industry by guilds and corporations; on the freedom of conscience, of
thought, and of speech; on the freedom of the press by the Censure; and of the
person by Lettres de Cachet ; the cruelty of the Criminal code generally; the
atrocities of the Rack; the venality of the Judges, and their partialities to
the rich ; the monopoly of Military honors by the Noblesse ; the enormous
expenses of the Queen, the Princes and the Court; the prodigalities of
pensions; and the riches, luxury, indolence and immorality of the Clergy.
Surely under such a mass of misrule and oppression, a people might justly press
for a thorough reformation, and might even dismount their rough-shod riders,
and leave them to walk on their own legs. The edicts, relative to the corvees
and free circulation of grain, were first presented to the Parliament and
registered; but those for the import territorial, and stamp tax, offered some
time after, were refused by the Parliament, which proposed a call of the States
General, as alone competent to their authorization. Their refusal produced a
Bed of justice, and their exile to Troyes. The Advocates, however, refusing to
attend them, a suspension in the administration of justice took place. The
Parliament held out for awhile, but the ennui of their exile and absence from
Paris, began at length to be felt, and some dispositions for compromise to
appear. On their consent, therefore, to prolong some of the former taxes, they
were recalled from exile, the King met them in session, November
Autobiography 129
19, '87, promised to call the States General in the year '92, and a majority
expressed their assent to register an edict for successive and annual loans
from 1788 to '92; but a protest being entered by the Duke of Orleans, and this
encouraging others in a disposition to retract, the King ordered peremptorily
the registry of the edict, and left the Assembly abruptly. The Parliament
immediately protested, that the votes for the enregistry had not been legally
taken, and that they gave no sanction to the loans proposed. This was enough to
discredit and defeat them. Hereupon issued another edict, for the establishment
of a cour pleniere, and the suspension of all the Parliaments in the kingdom.
This being opposed, as might be expected, by reclamations from all the
Parliaments and Provinces, the King gave way, and by an edict of July 5th, '88,
renounced his cour pleniere, and promised the States General f or the 1st of
May, of the ensuing year; and the Archbishop, finding the times beyond his
faculties, accepted the promise of a Cardinal's hat, was removed [September
'88] from the Ministry, and M. Necker was called to the department of finance.
The innocent rejoicings of the people of Paris on this change provoked the
interference of an officer of the city guards, whose order for their dispersion
not being obeyed, he charged them with fixed bayonets, killed two or three, and
wounded many. This dispersed them for the moment, but they collected the next
day in great numbers, burnt ten or
VOL. I.-9
130 Jefferson's Works
twelve guard-houses, killed two or three of the guards, and lost six or eight
more of their own number. The city was hereupon put under Martial law, and
after awhile the tumult subsided. The effect of this change of ministers, and
the promise of the States General at an early day, tranquillized the nation.
But two great questions now occurred. lst. What proportion shall the number of
deputies of the Tiers Etat bear to those of the Nobles and Clergy ? And 2d,
shall they sit in the same or in distinct apartments ? M. Necker, desirous of
avoiding himself these knotty questions, proposed a second call of the same
Notables, and that their advice should be asked on the subject. They met,
November 9,'88; and, by five bureaux against one they recommended the forms of
the States General of 1614; wherein the Houses were separate, and voted by
orders, not by persons. But the whole nation declaring at once against this,
and that the Tiers Etat should be, in numbers, equal to both the other orders,
and the Parliament deciding for the same proportion, it was determined so to
be, by a declaration of December 27th, '88. A Report of M. Necker, to the King,
of about the same date contained other very important concessions. 1. That the
King could neither lay a new tax, nor prolong an old one. 2. It expressed a
readiness to agree on the periodical meeting of the States. 3. To consult on
the necessary restriction on Lettres de Cachet; and 4. How far the press might
be made
Autobiography 131
free. 5. It admits that the States are to appropriate the public money ; and 6.
That Ministers shall be responsible for public expenditures. And these
concessions came from the very heart of the King. He had not a wish but for the
good of the nation ; and for that object, no personal sacrifice would ever have
cost him a moment's regret ; but his mind was weakness itself, his constitution
timid, his judgment null, and without sufficient firmness even to stand by the
faith of his word. His Queen, too, haughty and bearing no contradiction, had an
absolute ascendency over him; and around her were rallied the King's brother
d'Artois, the court generally, and the aristocratic part of his Ministers,
particularly Breteuil, Broglio, Vauguyon, Foulon, Luzerne, men whose principles
of government were those of the age of Louis XIV. Against this host, the good
counsels of Necker, Montmorin, St. Priest, although in unison with the wishes
of the King himself, were of little avail. The resolutions of the morning,
formed under their advice, would be reversed in the evening, by the influence
of the Queen and court. But the hand of heaven weighed heavily indeed on the
machinations of this junto; producing collateral incidents, not arising out of
the case, yet powerfully co-exciting the nation to force a regeneration of its
government, and overwhelming with accumulated difficulties, this liberticide
resistance. For, while laboring under the want of money for even ordinary
purposes, in a government which required a million
132 Jefferson's Works
of livres a day, and driven to the last ditch by the universal call for
liberty, there came on a winter of such severe cold, as was without example in
the memory of man, or in the written records of history. The Mercury was at
times 500 below the freezing point of Fahrenheit, and 22 degrees below that of
Reaumur. All out-door labor was suspended, and the poor, without the wages of
labor, were, of course, without either bread or fuel. The government found its
necessities aggravated by that of procuring immense quantities of fire-wood,
and of keeping great fires at all the cross streets, around which the people
gathered in crowds, to avoid perishing with cold. Bread, too, was to be bought;
and distributed daily, gratis, until a relaxation of the season should enable
the people to work; and the slender stock of bread stuff had for some time
threatened famine, and had raised that article to an enormous price. So great,
indeed, was the scarcity of bread, that, from the highest to the lowest
citizen, the bakers were permitted to deal but a scanty allowance per head,
even to those who paid for it; and, in cards of invitation to dine in the
richest houses, the guest was notified to bring his own bread. To eke out the
existence of the people, every person who had the means, was called on for a
weekly subscription, which the Cures collected, and employed in providing
messes for the nourishment of the poor, and vied with each other in devising
such economical compositions of food, as would subsist the greatest
Autobiography 133
number with the smallest means. This want of bread had been foreseen for some
time past, and M. de Montmorin had desired me to notify it in America, and
that, in addition to the market price, a premium should be given on what should
be brought from the United States. Notice was accordingly given, and produced
considerable supplies. Subsequent information made the importations from
America; during the months of March, April and May, into the Atlantic ports of
France, amount to about twenty-one thousand barrels of flour, besides what went
to other ports, and in other months; while our supplies to their West Indian
islands relieved them also from that drain. ; This distress for bread continued
till July. Hitherto no acts of popular violence had been produced by the
struggle for political reformation. Little riots, on ordinary incidents, had
taken place as at other times, in different parts of the kingdom, in which some
lives, perhaps a dozen or twenty, had been lost ; but in the month of April, a
more serious one occurred in Paris, unconnected, indeed, with the Revolutionary
principle, but making part of the history of the day. The Fauxbourg St. Antoine
is a quarter of the city inhabited entirely by the class of day laborers and
journeymen in every line. A rumor was spread among them, that a great paper
manufacturer, of the name of Reveillon, had proposed, on some occasion, that
their wages should be lowered to fifteen sous a day. Inflamed at once into
134 Jefferson's Works
rage, and without inquiring into its truth, they flew to his house in vast
numbers, destroyed everything in it, and in his magazines and work-shops,
without secreting, however, a pin's worth to themselves, and were continuing
this work of devastation, when the regular troops were called in. Admonitions
being disregarded, they were of necessity fired on, and a regular action
ensued, in which about one hundred of them were killed, before the rest would
disperse. There had rarely passed a year without such a riot, in some part or
other of the Kingdom; and this is distinguished only as contemporary with the
Revolution, although not produced by it. The States General were opened on the
5th of May, '89, by speeches from the King, the Garde des Sceaux, Lamoignnn,
and M. Necker. The last was thought to trip too lightly over the constitutional
refarmations which were expected. His notices of them in this speech, were not
as full as in his previous Rapport au Roi.' This was observed, to his
disadvantage; but much allowance should. have been made for the situation in
which he was placed, between his own counsels, and those of the ministers and
party of the court. Overruled in his own opinions, compelled to deliver, and to
gloss over those of his opponents, and even to keep their secrets, he could not
come forward in his own attitude. The composition of the Assembly, although
equivalent, on the whole, to what had been expected, was something different in
its elements. It had been
Autobiography 135
supposed, that a superior education would carry into the scale of the Commons a
respectable portion of the Noblosse. It did so as to those of Paris, of its
vicinity, and of the other considerable cities, whose greater intercourse with
enlightened society had liberalized their minds, and prepared them to advance
up to the measure of the times. But the Noblesse of the country, which
constituted two-thirds of that body, were far in their rear. Residing
constantly on their patrimonial feuds, and familiarized, by daily habit, with
Seigniorial powers and practices, they had not yet learned to suspect their
inconsistence with reason and right. They were willing to submit to equality of
taxation, but not to descend from their rank and prerogatives to be
incorporated in session with the Tiers Etat. Among the Clergy on the other
hand, it had been apprehended that the higher orders of the Hierarchy, by their
wealth and connections, would have carried the elections generally ; but it
turned out, that in most cases the lower clergy had obtained the popular
majorities. These consisted of the Cures, sons of the peasantry, who had been
employed to do all the drudgery of parochial services for ten, twenty, or
thirty Louis a year ; while their superiors were consuming their princely
revenues in palaces of luxury and indolence.
The objects for which this body was convened, being of the first order of
importance, I felt it very interesting to understand the views of the parties
of
136 Jefferson's Works
which it was composed, and especially the ideas prevalent as to the
organization contemplated for their government. I went, therefore, daily from
Paris to Versailles, and attended their debates, generally till the hour of
adjournment. Those of the Noblesse were impassioned and tempestuous. They had
some able men on both sides, actuated by equal zeal. The debates of the Commons
were temperate, rational, and infiexibly firm. As preliminary to all other
business, the awful questions came on, shall the States sit in one, or in
distinct apartments ? And shall they vote by heads or houses ? The opposition
was soon found to consist of the Episcopal order among the clergy, and
two-thirds of the Noblesse; while the Tiers Etat were, to a man united and
determined. After various propositions of compromise had failed, the Commons
undertook to cut the Gordian knot. The Abbe Sieyes, the most logical head of
the nation, (author of the pamphlet "Quest ce que le Tiers Etat? " which had
electrified that country, as Paine's Common Sense did us,) after an impressive
speech on the 10th of June, moved that a last invitation should be sent to the
Noblesse and Clergy, to attend in the hall of the States, collectively or
individually, for the verification of powers, to which the Commons would
proceed immediately, either in their presence or absence. This verification
being finished, a motion was made, on the l5th, that they should constitute
themselves a National Assembly; which was decided on the
Autobiograghy 137
l7th, by a majority of four-fifths. During the debates on this question, about
twenty of the Cures had joined them, and a proposition was made, in the chamber
of the Clergy, that their whole body should join. This was rejected, at first,
by a small majority only; but, being afterwards somewhat modified, it was
decided affirmatively, by a majority of eleven. While this was under debate,
and unknown to the court, to wit, on the 19th, a council was held in the
afternoon, at Marly, wherein it was proposed that the King should interpose, by
a declaration of his sentiments, in a seance royale. form of declaration was
proposed by Necker, which, while it censured, in general, the proceedings, both
of the Nobles and Commons, announced the King's views, such as substantially to
coincide with the Commons. It was agreed to in Council, the seance was fixed
for the 22d, the meetings of the States were till then to be suspended, and
everything, in the meantime, kept secret. The members, the next morning (the
20th) repairing to their house, as usual, found the doors shut and guarded, a
proclamation posted up for a seance royale on the 22d, and a suspension of
their meetings in the meantime. Concluding that their dissolution was now to
take place, they repaired to a building called the " Jeu de paume " (or Tennis
court) and there bound themselves by oath to each other, never to separate, of
their own accord, till they had settled a constitution for the nation, on a
solid basis, and, if separated by
138 Jefferson's Works
force, that they would reassemble in some other place. The next day they met in
the church of St. Louis, and were joined by a majority of the clergy. The heads
of the Aristocracy saw that all was lost without some bold exertion. The King
was still at Marly. Nobody was permitted to approach him but their friends. He
was assailed by falsehoods in all shapes. He was made to believe that the
Commons were about to absolve the army from their oath of fidelity to him, and
to raise their pay. The court party were now all rage and desperation. They
procured a committee to be held, consisting of the King and his Ministers, to
which Monsieur and the Count d'Artois should be admitted. At this committee,
the latter attacked M. Necker personally, arraigned his declaration, and
proposed one which some of his prompters had put into his hands. M. Necker was
brow-beaten and intimidated, and the King shaken. He determined that the two
plans should be deliberated on the next day, and the seance royale put off a
day longer. This encouraged a fiercer attack on M. Necker the next day. His
draught of a declaration was entirely broken up, and that of the Count d'Artois
inserted into it. Himself and Montmorin offered their resignation, which was
refused; the Count d'Artois saying to M. Necker, " No, sir, you must be kept as
the hostage; we hold you responsible for all the ill which shall happen." This
change of plan was immediately whispered without doors. The No
Autobiography 139
blesse were in triumph; the people in consternation. I was quite alarmed at
this state of things. The soldiery had not yet indicated which side they should
take, and that which they should support would be sure to prevail. I considered
a successful reformation of government in France, as insuring a general
reformation through Europe, and the resurrection, to a new life, of their
people, now ground to dust by the abuses of the governing powers. I was much
acquainted with the leading patriots of the Assembly. Being from a country
which had successfully passed through a similar reformation, they were disposed
to my acquaintance, and had some confidence in me. I urged, most strenuously,
an immediate compromise ; to secure what the government was now ready to yield,
and trust to future occasions for what might still be wanting. It was well
understood that the King would grant, at this time, 1. Freedom of the person by
Habeas corpus : 2. Freedom of conscience: 3. Freedom of the press: 4. Trial by
jury: 5. A representative Legislature : 6. Annual meetings : 7. The origination
of laws : 8. The exclusive right of taxation and appropriation : and 9. The
responsibility of Ministers ; and with the exercise of these powers they could
obtain, in future, whatever might be further necessary to improve and preserve
their constitution. They thought otherwise, however, and events have proved
their lamentable error. For, after thirty years of war, foreign and domestic,
the loss of millions of lives, the prostration of private
140 Jefferson's Works
happiness, and the foreign subjugation of their own country for a time, they
have obtained no more, nor even that securely. They were unconscious of (for
who could foresee?) the melancholy sequel of their well-meant perseverance;
that their physical force would be usurped by a first tyrant to trample on the
independence, and even the existence, of other nations : that this would afford
a fatal example for the atrocious conspiracy of Kings against their people ;
would generate their unholy and homicide alliance to make common cause among
themselves, and to crush, by the power of the whole, the efforts of any part to
moderate their abuses and oppressions. When the King passed, the next day,
through the lane formed from the Chateau to the " Hotel des Etats," there was a
dead silence. He was about an hour in the House, delivering his speech and
declaration. On his coming out, a feeble cry of "vive le Roi " was raised by
some children, but the people remained silent and sullen. To the close of his
speech, he had ordered that the members should follow him, and resume their
deliberations the next day. The Noblesse followed him, and so did the Clergy,
except about thirty, who, with the Tiers, remained in the room, and entered
into deliberation. They protested against what the King had done, adhered to
all their former proceedings, and resolved the inviolability of their own
persons. An officer came, to order them out of the room in the King's name. "
Tell those who sent you, " said Mirabeau
Autobiography 141
" that we shall not move hence but at our own will, or the point of the
bayonet." In the afternoon, the people, uneasy, began to assemble in great
numbers in the courts, and vicinities of the palace. This produced alarm. The
Queen sent for M. Necker. He was conducted, amidst the shouts and acclamations
of the multitude, who filled all the apartments of the palace. He was a few
minutes only with the Queen, and what passed between them did not transpire.
The King went out to ride. He passed through the ' crowd to his carriage, and
into it, without being in the least noticed. As M.' Necker followed him,
universal acclamations were raised of " vive Monsieur Necker, vive le sauveur
de la France opprimee." He was conducted back to his house with the same
demonstrations of affection and anxiety. About two hundred deputies of the
Tiers, catching the enthusiasm of the moment, went to his house, and extorted
from him a promise that he would not resign. On the a 5th; forty-eight of the
Nobles joined the Tiers, and among them the Duke of Orleans. There were then
with them one hundred and sixty-four members of the Clergy, although the
minority of that body still sat apart, and called themselves the Chamber of the
Clergy. On the 26th, the Archbishop of Paris joined the Tiers, as did some
others of the Clergy and of the Noblesse. These proceedings had thrown the
people into violent ferment. It gained the soldiery, first of the French
guards, extended to those of every other
142 Jefferson's Works
denomination, except the Swiss, and even to the body guards of the King. They
began to quit their barracks, to assemble in squads, to declare they would
defend the life of the King, but would not be the murderers of their
fellow-citizens. They called themselves the soldiers of the nation, and left
now no doubt on which side they would be, in case of rupture. Similar accounts
came in from the troops in other parts of the kingdom, giving good reason to
believe they would side with their fathers and brothers, rather than with their
officers. The operation of this medicine at Versailles was as sudden as it was
powerful. The alarm there was so complete, that in the afternoon of the 27th,
the King wrote, with his own hand, letters to the Presidents of the Clergy and
Nobles, engaging them immediately to join the Tiers. These two bodies were
debating. and hesitating, when notes from the Count d'Artois decided their
compliance. They went in a body, and took their seats with the Tiers, and thus
rendered the union of the orders in one chamber complete. The Assembly now
entered on the business of their mission, and first proceeded to arrange the
order in which they would take up the heads of their constitution, as follows:
First, and as Preliminary to the whole, a general Declaration of the Rights of
Man. Then, specifically, the Principles of the Monarchy; Rights of the Nation;
Rights of the King; Rights of the Citizens; Organiza-
Autobiography 143
tion and Rights of the National Assembly ; Forms necessary for the enactment of
Laws; Organization and Functions of the Provincial and Municipal Assemblies;
Duties and Limits of the Judiciary power; Functions and Duties of the Military
power. A Declaration of the Rights of Man, as the preliminary of their work,
was accordingly prepared and proposed by the Marquis de La Fayette. But the
quiet of their march was soon disturbed by information that troops, and
particularly the foreign troops, were advancing on Paris from various quarters.
The King had probably been advised to this, on the pretext of preserving peace
in Paris. But his advisers were believed to have other things in contemplation.
The Marshal de Broglio was appointed to their command, a high-flying
aristocrat, cool and capable of everything. Some of the French guards were soon
arrested, under other pretexts, but really, on account of their dispositions in
favor of the National cause. The people of Paris forced their prison, liberated
them, and sent a deputation to the Assembly to solicit a pardon. The Assembly
recommended peace and order to the people of Paris, the prisoners to the King,
and asked from him the removal of the troops. His answer was negative and dry,
saying they might remove themselves, if they pleased, to Noyons or Soissons. In
the meantime, these troops, to the number of twenty or thirty thousand, had
arrived, and were posted in, and between Paris and Versailles. The bridges and
passes were
144 Jefferson's Works
guarded. At three o"clock in the afternoon of the llth of July, the Count de La
Luzerne was sent to notify M. Necker of his dismission, and to enjoin him to
retire instantly, without saying a word of it to anybody. He went home, dined,
and proposed to his wife a visit to a friend, but went in fact to his country
house at St. Ouen, and at midnight set out for Brussels. This was not known
till the next day (the 12th, ) when the whole Ministry was changed, except
Villedeuil, of the domestic department, and Barenton, Garde des sceaux. The
changes were as follows: The Baron de Breteuil, President of the Council of
Finance; de la Galaisiere, Comptroller General, in the room of M. Necker; the
Marshal de Broglio, Minister of War, and Foulon under him, in the room of
Puy-Segur; the Duke de la Vauguyon, Minister of Foreign Affairs, instead of the
Count de Montmorin;de La Porte, Minister of Marine, in place of the Count de La
Luzerne; St. Priest was also removed from the Council. Luzerne and Puy-Segur
had been strongly of the Aristocratic party in the Council, but they were not
considered equal to the work now to be done. The King was now completely in the
hands of men, the principal among whom had been noted, through their lives, for
the Turkish despotism of their characters, and who were associated around the
King, as proper instruments for what was to be executed. The news of this
change began to be known at Paris, about one or two o'clock. In the afternoon,
a body of about one hundred German
Autobiography 145
cavalry were advanced, and drawn up in the Place Louis XV., and about two
hundred Swiss posted at a little distance in their rear. This drew people to
the spot, who thus accidentally found themselves in front of the troops, merely
at first as spectators; but, as their numbers increased, their indignation
rose. They retired a few steps, and posted themselves on and behind large piles
of stones, large and small, collected in that place for a bridge, which was to
be built adjacent to it. In this position, happening to be in my carriage on a
visit, I passed through the lane they had formed, without interruption. But the
moment after I had passed, the people attacked the cavalry with stones. They
charged, but the advantageous position of the people, and the showers of
stones, obliged the horse to retire, and quit the field altogether, leaving one
of their number on the ground, and the Swiss in the rear not moving to their
aid. This was the signal for universal insurrection; and this body of cavalry,
to avoid being massacred, retired towards Versailles. The people now armed
themselves with such weapons as they could find in armorer's shops, and private
houses, and with bludgeons ; and were roaming all night, through all parts of
the city, without any decided object. The next day (the 13th,) the Assembly
pressed on the King to send away the troops, to permit the Bourgeoisie of Paris
to arm for the preservation of order in the city, and offered to send a
deputation from their body to tranquillize them ; but their propositions were
re-
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146 Jefferson's Works
fused. A committee of magistrates and electors of the city were appointed by
those bodies, to take upon them its government. The people, now openly joined
by the French guards, forced the prison of St. Lazare, released all the
prisoners, and took a great store of corn, which they carried to the
cornmarket. Here they got some arms, and the French guards began to form and
train them. The city committee determined to raise forty-eight thousand
Bourgeoises, or rather to restrain their numbers to forty-eight thousand. On
the l4th, they sent one of their members (Monsieur de Corny) to the Hotel des
Invalides, to ask arms for their Garde Bourgeoises. He was followed by, and he
found there, a great collection of people. The Governor of the Invalids came
out, and represented the impossibility of his delivering arms, without the
orders of those from whom he received them. De Corny advised the people then to
retire, and retired himself ; but the people took possession of the arms. It
was remarkable, that not only the Invalids themselves made no opposition, but
that a body of five thousand foreign troops, within four hundred yards, never
stirred. M. de Corny, and five others, were then sent to ask arms of M. de
Launay, Governor of the Bastile. They found a great collection of people
already before the place, and they immediately planted a flag of truce, which
was answered by a like flag hoisted on the parapet. The deputation prevailed on
the people to fall back a little, advanced
Autobiography 147
themselves to make their demand of the Governor, and in that instant, a
discharge from the Bastile killed four persons of those nearest to the
deputies. The deputies retired. I happened to be at the house of M. de Corny,
when he returned to it, and received from him a narrative of these
transactions. On the retirement of the deputies, the people rushed forward, and
almost in an instant, were in possession of a fortification of infinite
strength, defended by one hundred men, which in other times had stood several
regular sieges, and had never been taken. How they forced their entrance has
never been explained. They took all the arms, discharged the prisoners, and
such of the garrison as were not killed in the first moment of fury; carried
the Governor and Lieutenant Governor, to the Place de Greve, (the place of
public execution,) cut off their heads, and sent them through the city, in
triumph, to the Palais royal. About the same instant, a treacherous
correspondence having been discovered in M. de Flesselles, Prevot des
Marchands, they seized him in the Hotel de Ville, where he was in the execution
of his office, and cut off his head. These events, carried imperfectly to
Versailles, were the subject of two successive deputations from the Assembly to
the King, to both of which he gave dry and hard answers; for nobody had as yet
been permitted to inform him, truly and fully, of what had passed at Paris. But
at night, the Duke de Liancourt forced his way into the King's bed chamber, and
obliged him to hear a full and ani-
148 Jefferson's Works
mated detail of the disasters of the day in Paris. He went to bed fearfully
impressed. The decapitation of de Launay worked powerfully through the night on
the whole Aristocratic party; insomuch, that in the morning, those of the
greatest influence on the Count d'Artois, represented to him the absolute
necessity that the King should give up everything to the Assembly. This
according with the dispositions of the King, he went about eleven o'clock,
accompanied only by his brothers, to the Assembly, and there read to them a
speech, in which he asked their interposition to re-establish order. Although
couched in terms of some caution, yet the manner in which it was delivered,
made it evident that it was meant as a surrender at discretion. He returned to
the Chateau on foot, accompanied by the Assembly. They sent off a deputation to
quiet Paris, at the head of which was the Marquis de La Fayette, who had, the
same morning, been named Commandant en chef of the Milice Bourgeoises; and
Monsieur Bailly, former President of the States General, was called for as
Prevot des Marchands. The demolition of the Bastile was now ordered and begun.
A body of the Swiss guards; of the regiment of Ventimille, and the city horse
guards joined the people. The alarm at Versailles increased. The foreign troops
were ordered off instantly. Every Minister resigned. The King confirmed Bailly
as Prevot des Marchands, wrote to M. Necker, to recall him, sent his letter
open to the Assembly, to be forwarded by them, and invited
Autobiography 149
them to go with him to Paris the next day, to satisfy the city of his
dispositions; and that night, and the next morning, the Count d'Artois, and M.
de Monte'sson, a deputy connected with him, Madame de Polignac, Madame de
Guiche, and the Count de Vaudreuil, favorites of the Queen, the Abbe de Vermont
her confessor, the Prince of Conde, and Duke of Bourbon fled. The King came to
Paris, leaving the Queen in consternation for his return. Omitting the less
important figures of the procession, the King's carriage was in the centre; on
each side of it, the Assembly, in two ranks a foot ; at their head the Marquis
de La Fayette, as Commander-in-chief, on horseback, and Bourgeois guards before
and behind. About sixty thousand citizens, of all forms and conditions, armed
with the conquests of the Bastile and Invalids, as far as they would go, the
rest with pistols, swords, pikes, pruning-hooks, scythes, &c., lined all the
streets through which the procession passed, and with the crowds of people in
the streets, doors, and windows, saluted them everywhere with the cries of "
vive la nation," but not a single " vive le Roi " was heard. The King stopped
at the Hotel de Ville. There M. Bailly presented, and put into his hat, the
popular cockade, and addressed him. The King `being unprepared, and unable to
answer, Bailly went to him, gathered from him some scraps of sentences, and
made out an answer, which he delivered to the audience, as from the King. On
their return, the popular cries were " vive le Roi et la nation." He
150 Jefferson's Works
was conducted by a garde Bourgeoises to his palace at Versailles, and thus
concluded an " amende honorable," as no sovereign ever made, and no people ever
received. And here, again, was lost another precious occasion of sparing to
France the crimes and cruelties through which she has since passed, and to
Europe, and finally America, the evils which flowed on them also from this
mortal source. The King was now become a passive machine in the hands of the
National Assembly, and had he been left to himself, he would have willingly
acquiesced in whatever they should devise as best for the nation. A wise
constitution would have been formed, hereditary in his line, himself placed at
its head, with powers so large as to enable him to do all the good of his
station, and so limited, as to restrain him from its abuse. This he would have
faithfully administered, and more than this, I do not believe, he ever wished.
But he had a Queen of absolute sway over his weak mind and timid virtue, and of
a character the reverse of his in all points. This angel, as gaudily painted in
the rhapsodies of Burke, with some smartness of fancy, but no sound sense, was
proud, disdainful of restraint, indignant at all obstacles to her will, eager
in the pursuit of pleasure, and firm enough to hold to her desires, or perish
in their wreck. Her inordinate gambling and dissipations, with those of the
Count d'Artois, and others of her clique, had been a sensible item in the
exhaustion of the treasury,
Autobiography 151
which called into action the reforming hand of the nation; and her opposition
to it, her inflexible perverseness, and dauntless spirit, led herself to the
Guillotine, drew the King on with her, and plunged the world into crimes and
calamities which will forever stain the pages of modern history. I have ever
believed, that had there been no Queen, there would have been no revolution. No
force would have been provoked, nor exercised. The King would have gone hand in
hand with the wisdom of his sounder counsellors, who, guided by the increased
lights of the age, wished only, with the same pace, to advance the principles
of their social constitution. The deed which closed the mortal course of these
sovereigns, I shall neither approve nor condemn. I am not prepared to say, that
the first magistrate of a nation cannot commit. treason against his country, or
is unamenable to its punishment ; nor yet, that where there is no written law,
no regulated tribunal, there is not a law in our hearts, and a power in our
hands, given f or righteous employment in maintaining right, and redressing
wrong. Of those who judged the King, many thought him wilfully criminal; many,
that his existence would keep the nation in perpetual conflict with the horde
of Kings who would war against a generation which might come home to
themselves, and that it were better that one should die than all. I should not
have voted with this portion of the legislature. I should have shut up the
Queen in a convent, putting harm out of her power
152 Jefferson's Works
and placed the King in his station, investing him with limited powers, which, I
verily believe, he would have honestly exercised, according to the measure of
his understanding. In this way, no void would have been created, courting the
usurpation of a military adventurer, nor occasion given for those enormities
which demoralized the nations of the world, and destroyed, and is yet to
destroy, millions and millions of its inhabitants. There are three epochs in
history, signalized by the total extinction of national morality. The first was
of the successors of Alexander, not omitting himself : The next, the successors
of the first Ceasar : The third, our own age. This was begun by the partition
of Poland, followed by that of the treaty of Pilnitz ; next the conflagration
of Coperlhagen; then the enormities of Bonaparte, partitioning the earth at his
will, and devastating it with fire and sword; now the conspiracy of Kings, the
successors of. Bonaparte, blasphemously calling themselves the Holy Alliance,
and treading in the footsteps of their incarcerated leader; not yet, indeed,
usurping the government of other nations, avowedly and in detail, but
controlling by their armies the forms in which they will permit them to be
governed ; and reserving, in petto, the order and extent of the usurpations
further meditated. But I will return from a digression, anticipated, too, in
time, into which I have been led by reflection on the criminal passions which
refused to the world a favorable occasion of saving it from the afflictions it
has since suffered.
Autobiography 153
M. Necker had reached Basle before he was overtaken by the letter of the King,
inviting him back to resume the office he had recently left. He returned
immediately, and all the other Ministers having resigned, a new administration
was named, to wit: St. Priest and Montmorin were restored ; the Archbishop of
Bordeaux was appointed Garde des sceaux, La Tour du Pin, Minister of War; La
Luzerne, Minister of Marine.. This last was believed to have been effected by
the friendship of Montmorin; for although differing in politics, they continued
firm in friendship, and Luzerne, although not an able man, was thought an
honest one. And the Prince of Bauvau was taken into the Council. Seven Prinees
of the blood Royal, six ex-Ministers, and many of the high Noblesse, having
fled, and the present Ministers, except Luzerne, being all of the popular
party, all the functionaries of government moved, for the present, in perfect
harmony. In the evening of August the 4th, and on the motion of the Viscount de
Noailles, brother in law of La Fayette, the Assembly abolished all titles of
rank, all the abusive privileges of feudalism, the tithes and casuals of the
Clergy, all Provincial privileges, and, in fine, the Feudal regimen generally.
To the suppression of tithes, the Abbe Sieyes was vehemently opposed; but his
learned and logical arguments were unheeded, and his estimation lessened by a
contrast of his egoism (for he was beneficed on them), with the generous
abandonment of
154 Jefferson's Works
rights by the other members of the Assembly. Many days were employed in putting
into the form of laws, the numerous demolitions of ancient abuses; which done,
they proceeded to the preliminary work of a Declaration of Rights. There being
much concord of sentiment on the elements of this instrument, it was liberally
framed, and passed with a very general approbation. They then appointed a
Committee for the " reduction of a project " of a constitution, at the head of
which was the Archbishop of Bordeaux. I received from him, as chairman of the
Committee, a letter of July 20th, requesting me to attend and assist at their
deliberations; but I excused myself, on the obvious considerations, that my
mission was to the King as Chief Magistrate of the nation, that my duties were
limited to the concerns of my own country, and forbade me to intermeddle with
the internal transactions of that, in which I had been received under a
specific character only. Their plan of a constitution was discussed in
sections, and so reported from time to time, as agreed to by the Committee. The
first respected the general frame of the government; and that this should be
formed into three departments, Executive, Legislative and Judiciary, was
generally agreed. But when they proceeded to subordinate developments, many and
various shades of opinion came into conflict, and schism, strongly marked,
broke the Patriots into fragments of very discordant principles. The first
question, Whether there should
Autobiography 155
be a King? met with no open opposition; and it was readily agreed, that the
government of France should be monarchical and hereditary. Shall the King have
a negative on the laws ? shall that negative be absolute, or suspensive only ?
Shall there be two Chambers of Legislation ? or one only ? If two, shall one of
them be hereditary? or for life? or for a fixed term? and named by the King? or
elected by the people? These questions found strong differences of opinion, and
produced repulsive combinations among the Patriots. The Aristocracy was
cemented by a common principle, of preserving the ancient regime, or whatever
should be nearest to it. Making this their polar star, they moved in phalanx,
gave preponderance on every question to the minorities of the Patriots, and
always to those who advocated the least change. The features of the new
constitution were thus assuming a fearful aspect, and great alarm was produced
among the honest Patriots by these dissensions in their ranks. In this uneasy
state of things, I received one day a note from the Marquis de La Fayette,
informing me that he should bring a party of six or eight friends to ask a
dinner of me the next day. I assured him of their welcome. When they arrived,
they were La Fayette himself, Duport, Barnave, Alexander la Meth, Blacon,
Mounier, Maubourg, and Dagout. These were leading Patriots, of honest but
differing opinions, sensible of the necessity of effecting a coalition by
mutual sacrifices. knowing each other, and not afraid, therefore,
156 Jefferson's Works
to unbosom themselves mutually. This last was a material principle in the
selection. With this view, the Marquis had invited the conference, and had
fixed the time and place inadvertently, as to the embarrassment under which it
might place me. The cloth being removed, and wine set on the table, after the
American manner, the Marquis introduced the objects of the conference, by
summarily reminding them of the state of things in. the Assembly, the course
which the principles of the Constitution were taking, and the inevitable
result, unless checked by more concord among the Patriots themselves. He
observed, that although he also had his opinion, he was ready to sacrifice it
to that of his brethren of the same cause; but that a common opinion must now
be formed, or the Aristocracy would carry everything, and that, whatever they
should now agree on, he, at the head of the National force, would maintain. The
discussions began at the hour of four, and w ere continued till ten o'clock in
the evening; during which time, I was a silent witness to a coolness and candor
of argument, unusual in the conflicts of political opinion; to a logical
reasoning, and chaste eloquence, disfigured by no gaudy tinsel of rhetoric or
declamation, and truly worthy of being placed in parallel with the finest
dialogues of antiquity, as handed to us by Xenophon, by Plato and Cicero. The
result was, that the King should have a suspensive veto on the laws, that the
legislature should be composed of a single body only,
Autobiography 157
and that to be chosen by the people. This Concordate decided the f ate of the
constitution. The Patriots all rallied to the principles thus settled, carried
every question agreeably to them; and reduced the Aristocracy to insignificance
and impotence. But duties of exculpation were now incumbent on me. I waited on
Count Montmorin the next morning, and explained to him, with truth and candor,
how it had happened that my house had been made the scene of conferences of
such a character. He told me, he already knew everything which had passed, that
so far from taking umbrage at the use made of my house on that occasion, he
earnestly wished I would habitually assist at such conferences, being sure I
should be useful in moderating the warmer spirits, and promoting a wholesome
and practicable reformation only. I told him, I knew too well the duties I owed
to the King, to the nation, and to my own country, to take any part in councils
concerning their internal government, and that I should persevere, with care,
in the character of a neutral and passive spectator, with wishes only, and very
sincere ones, that those measures might prevail which would be for the greatest
good of the nation. I have no doubts, indeed, that this conference was
previously known and approved by this honest Minister, who was in confidence
and communication with the Patriots, and wished for a reasonable reform of the
Constitution. Here I discontinue my relation of the French
158 Jefferson's Works
Revolution. The minuteness with which I have so far given its details, is
disproportioned to the general scale of my narrative. But I have thought it
justified by the interest which the whole world must take in this Revolution.
As yet, we are but in the first chapter of its history. The appeal to the
rights of man, which had been made in the United States, was taken up by
France, first of the European nations. From her, the spirit has spread over
those of the South. The tyrants of the North have allied indeed against it; but
it is irresistible. Their opposition will only multiply its millions of human
victims; their own satellites will catch it, and the condition of man through
the civilized world, will be finally and greatly ameliorated. This is a
wonderful instance of great events from small causes. So inscrutable is the
arrangement of causes and consequences in this world, that a two-penny duty on
tea, unjustly imposed in a sequestered part of it, changes the condition of all
its inhabitants. I have been more minute in relating the early transactions of
this regeneration, because I was in circumstances peculiarly favorable for a
knowledge of the truth. Possessing the confidence and intimacy of the leading
Patriots, and more than all, of the Marquis Fayette, their head and Atlas, who
had no secrets from me, I learned with correctness the views and proceedings of
that party; while my intercourse with the diplomatic missionaries of Europe at
Paris, all of them with€ the court, and eager in prying into its councils and
pro
Autobiography 159
ceedings, gave me a knowledge of these also. My information was always, and
immediately committed to writing, in letters to Mr. Jay, and often to my
friends, and a recurrence to these letters now insures me against errors of
memory. These opportunities of information ceased at this period, with my
retirement from this interesting scene of action. I had been more than a year
soliciting leave to go home, with a view to place my daughters in the society
and care of their friends, and to return for a short time to my station at
Paris. But the metamorphosis through which our government was then passing from
its Chrysalid to its Organic form suspended its action in a great degree; and
it was not till the last of August, that I received the permission I had asked.
And here, I cannot leave this great and good country, without expressing my
sense of its pre-eminence of character among the nations of the earth. A more
benevolent people I have never known, nor greater warmth and devotedness in
their select friendships. Their kindness and accommodation to strangers is
unparalleled, and the hospitality of Paris is beyond anything I had conceived
to be practicable in a large city. Their eminence, too, in science, the
communicative dispositions of their scientific men, the politeness of the
general manners, the ease and vivacity of their conversation, give a charm to
their society, to be found nowhere else. In a comparison of this, with other
countries, we have the proof of primacy,
160 Jefferson's Works
which was given to Themistocles, after the battle of Salamis. Every general
voted to himself the first reward of valor, and the second to Themistocles. So,
ask the travelled inhabitant of any nation, in what country on earth would you
rather live ?Certainly, in my own, where are all my friends, my relations, and
the earliest and sweetest affections and recollections of my life. Which would
be y our second choice ? France. On the 26th of September I left Paris for
Havre, where I was detained by contrary winds until the 8th of October. On that
day, and the 9th, I crossed over to Cowes, where I had engaged the Clermont,
Capt. Colley, to touch for me. She did so; but here again we were detained by
contrary winds, until the 22d, when we embarked, and landed at Norfolk on the
23d of November. On my way home, I passed some days at Eppington, in
Chesterfield, the residence of my friend and connection, Mr. Eppes; and, while
there, I received a letter from the President, General Washington, by express,
covering an appointment to be Secretary of State.(1) I received it with real
regret. My wish had been to return to Paris, where I had left my household
establishment, as if there myself, and to see the end of the Revolution, which
I then thought would be certainly and happily closed in less than a year. I
then meant to return home, to withdraw from political life, into which I had
been
_______________
[1 See Appendix, note H.]
Autobiography 161
impressed by the circumstances of the times, to sink into the bosom of my
family and friends, and devote myself to studies more congenial to my mind. In
my answer of December l5th, I expressed these dispositions candidly to the
President, and my preference of a return to Paris; but assured him, that if it
was believed I could be more useful in the administration of the government, I
would sacrifice my own inclinations without hesitation, and repair to that
destination; this I left to his decision. I arrived at Monticello on the 23d of
December, where I received a second letter from the President, expressing his
continued wish that I should take my station there, but leaving me still at
liberty to continue in my former office, if I could not reconcile myself to
that now proposed. This silenced my reluctance, and I accepted the new
appointment. In the interval of my stay at home, my eldest daughter had been
happily married to the eldest son of the Tuckahoe branch of Randolphs, a young
gentleman of genius, science, and honorable mind, who afterwards filled a
dignified station in the General Government, and the most dignified in his own
State. I left Monticello on the first of March, 1790, for New York. At
Philadelphia I called on the venerable and beloved Franklin. He was then on the
bed of sickness from which he never rose. My recent return from a country in
which he had left so many friends, and the perilous convulsions to
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162 Jefferson's Works
which they had been exposed, revived all his anxieties to know what part they
had taken, what had been their course, and what their fate. He went over all in
succession, with a rapidity and animation almost too much for his strength.
When all his inquiries were satisfied, and a pause took place, I told him I had
learned with much pleasure that, since his return to America, he had been
occupied in preparing for the world the history of his own life. I cannot say
much of that, said he; but I will give you a sample of what I shall leave; and
he directed his little grandson (William Bache) who was standing by the
bedside, to hand him a paper from the table, to which he pointed. He did so;
and the Doctor putting it into my hands, desired me to take it and read it at
my leisure. It was about a quire of folio paper, written in a large and running
hand, very like his own. I looked into it slightly, then shut it, and said I
would accept his permission to read it, and would carefully return it. He said,
" no, keep it." Not certain of his meaning, I again looked into it, folded it
for my pocket, and said again, I would certainly return it. "No," said he, "
keep it. " I put it into my pocket, and shortly after took leave of him. He
died on the l7th of the ensuing month of April; and as I understood that he had
bequeathed all his papers to his grandson, William Temple Franklin, I
immediately wrote to Mr. Franklin, to inform him I possessed this paper, which
I should consider as his property,
Autobiography 163
and would deliver to his order. He came on immediately to New York, called on
me for it, and I delivered it to him. As he put it into his pocket, he said
carelessly, he had either the original, or another copy of it, I do not
recollect which. This last expression struck my attention forcibly, and for the
first time suggested to me the thought that Dr. Franklin had meant it as a
confidential deposit in my hands, and that I had done wrong in parting from it.
I have not yet seen the collection he published of Dr. Franklin's works, and,
therefore, know not if this is among them. I have been told it is not. It
contained a narrative of the' negotiations between Dr. Franklin and the British
Ministry, when he was endeavoring to prevent the contest of arms which
followed. The negotiation was brought about by the intervention of Lord Howe
and his sister, who, I believe, was called Lady Howe, but I may misremember her
title. Lord Howe seems to have been friendly to America, and exceedingly
anxious to prevent a rupture. His intimacy with Dr. Franklin, and his position
with the Ministry, induced him to undertake a mediation between them; in which
his sister seemed to have been associated. They carried from one to the other,
backwards and forwards, the several propositions and answers which passed, and
seconded with their own intercessions, the importance of mutual sacrifices, to
preserve the peace and connection of the two countries. I remember that Lord
North's answers were dry,
164 Jefferson's Works
unyielding, in the spirit of unconditional submission and betrayed an absolute
indifference to the occurrence of a rupture ; and he said to the mediators
distinctly, at last, that " a rebellion was not to be deprecated on the part of
Great Britain; that the confiscations it would produce would provide for many
of their friends. " This expression was reported by the mediators to Dr.
Franklin, and indicated so cool and calculated a purpose in the Ministry, as to
render compromise hopeless, and the negotiation was discontinued. If this is
not among the papers published, we ask, what has become of it ? I delivered it
with my own hands, into those of Temple Franklin. It certainly established
views sa atrocious in the British government, that its suppression would, to
them, be worth a great price. But could the grandson of Dr. Franklin be, in
such degree, an accomplice in the parricide of the memory of his immortal
grandfather? The suspension for more than twenty years of the general
publication, bequeathed and confided to him, produced, for awhile, hard
suspicions against him; and if, at last all are not published, a part of these
suspicions may remain with some. I arrived at New York on the 21st of March,
where Congress was in session.
APPENDIX.
[NOTE A.)
LETTER TO JOHN SAUNDERSON, ESQ.
MONTICELLO, August 31, 1520. SIR, Your letter of the 19th was received in due
time, and I wish it were in my power to furnish you more fully, than in the
enclosed paper, with materials for the biography of George Wythe; but I possess
none in writing, am very distant from the place of his birth and early life,
and know not a single person in that quarter from whom inquiry could be made,
with the expectation of collecting anything material. Add to this, that feeble
health disables me, almost, from writing; and entirely from the labor of going
into difficult research. I became acquainted with Mr. Wythe when he was about
thirty-five years of age. He directed my studies in the law, led me into
business, and continued, until death, my most affectionate friend. A close
intimacy with him, during that period of forty odd years, the most important of
his life, enables. me to state its leading facts, which, being of my own
knowledge, I vouch their truth. Of what precedes that period, I speak from
hearsay only, in which there may be error, but of little account, as the
character of the facts will themselves manifest. In the epoch of his birth, I
may (165)
166 Jefferson's Works
err a little, stating that from the recollection of a particular incident" the
date of which, within a year or two, I do not distinctly remember. These scanty
outlines you will be able, I hope, to fill up from other information, and they
may serve you, sometimes, as landmarks to distinguish truth from error, in what
you hear from others. The exalted virtue of the man will also be a polar star
to guide you in all matters which may touch that element of his character. But
on that you will receive imputation from no man; for, as far as I know, he
never had an enemy. Little as I am able to contribute to the just reputation of
this excellent man, it is the act of my life most gratifying to my heart; and
leaves me only to regret that a waning memory can do no more. Of Mr. Hancock I
can say nothing, having known him only in the chair of Congress. Having myself
been the youngest man but one in that body, the disparity of age prevented any
particular intimacy. But of him there can be no difficulty in obtaining full
information in the North. . I salute you, Sir, with sentiments of great
respect, TH. JEFFERSON.
NOTES FOR THE BIOGRAPHY OF GEORGE WYTHE. George Wythe was born about the year
l727, or 1728, of a respectable family in the County of Elizabeth City, on the
shores of the Chesapeake. He inherited, from his father, a fortune sufficient
for independence and ease. He had not the benefit of a
Appendix 167
regular education in the schools, but acquired a good one of himself, and
without assistance; insomuch, as to become the best Latin and Greek scholar in
the State. It is said, that while reading the Greek Testament, his mother held
an English one, to aid him in rendering the Greek text conformably with that.
He also acquired, by his own reading, a good knowledge of Mathematics, and of
Natural and Moral Philosophy. He engaged in the study of the law under the
direction of a Mr. Lewis, of that profession, and went early to the bar of the
General Court, then occupied by men of great ability, learning, and dignity in
their profession. He soon became eminent among them, and, in process of time,
the first at the bar, taking into consideration his superior learning, correct
elocution, and logical style of reasoning; for in pleading he never indulged
himself with an useless or declamatory thought or word; and became as
distinguished by correctness and purity of conduct in his profession, as he was
by his industry and fidelity to those who employed him. He was early elected to
the House of Representatives, then called the House of Burgesses, and continued
in it until the Revolution. On the first dawn of that, instead of haggling on
half-way principles, as others did who feared to follow their reason, he took
his stand on the solid ground that the only link of political union between us
and Great Britain, was the identity of our Executive ; that that nation and its
Parliament had no more authority over us,
168 Jefferson's Works
than we had over them, and that we were co-ordinate nations with Great Britain
and Hanover. In 1774, he was a member of a Committee of the House of Burgesses,
appointed to prepare a Petition to the King, a Memorial to the House of Lords,
and a Remonstrance to the House of Commons, on the subject of the proposed
Stamp Act. He was made draughtsman of the last, and, following his own
principles, he so far over went the timid hesitations of his colleagues, that
his draught was subjected by them to material modifications; and, when the
famous Resolutions of Mr. Henry, in 1775, were proposed, it was not on any
difference of principle that they were opposed by Wythe, Randolph, Pendleton,
Nicholas, Bland, and other worthies, who had long been the habitual leaders of
the House ; but because those papers of the preceding session had already
expressed the same sentiments and assertions of right, and that an answer to
them was yet to be expected. In August, 1775, he. was appointed a member of
Congress, and in 1776, signed the Declaration of Independence, of which he had,
in debate, been an eminent supporter. And subsequently, in the same year, he
was appointed, by the Legislature of Virginia, one of a Committee to revise the
laws of the State, as well of British as of Colonial enactment, and to prepare
bills for re-enacting them, with such alterations as the change in the form and
principles of the government, and other circumstances, re
Appendix 169
quired; and of this work, he executed the period commencing with the revolution
in England, and ending with the establishment of the new government here ;
excepting the Acts for regulating descents, for religious freedom, and for
proportioning crimes and punishments. In 1777, he was chosen Speaker of the
House of Delegates, being of distinguished learning in Parliamentary law and
proceedings ; and towards the end of the same year, he was appointed one of the
three Chancellors, to whom that department of the Judiciary was confided, on
the first organization of the new government. On a subsequent change of the
form of that court, he was appointed sole Chancellor, in which office he
continued to act until his death, which happened in June, 1806, about the
seventy-eighth or seventy ninth year of his age. Mr. Wythe had been twice
married : first, I believe, to a daughter of Mr. Lewis, with whom he had
studied law, and afterwards to a Miss Taliaferro, of a wealthy and respectable
family in the neighborhood of Williamsburg; by neither of whom did he leave
issue. No man ever left behind him a character more venerated than George
Wythe. His virtue was of the purest tint; his integrity inflexible, and his
justice exact; of warm patriotism, and, devoted as he was to liberty, and the
natural and equal rights of man, he might truly be called the Cato of his
country, without the avarice of the Roman; for a
170 Jefferson's Works
more disinterested person never lived. Temperance and regularity in all his
habits, gave him general good health, and his unaffected modesty and suavity Of
manners endeared him to every one. He was of easy elocution, his language
chaste, methodical in the arrangement of his matter, learned and logical in the
use of it, and of great urbanity in debate; not quick of apprehension, but,
with a little time, profound in penetration, and sound in conclusion. In his
philosophy he was firm, and neither troubling, nor perhaps trusting, any one
with his religious creed, he left the world to the conclusion, that that
religion must be good which could produce a life of such exemplary virtue. His
stature was of the middle size, well formed and proportioned, and the features
of his face were manly, comely, and engaging. Such was George Wythe, the honor
of his own, and the model of future times.
[NOTE B.]
LETTER TO SAMUEL A. WELLS, ESQ.
MONTICELLO, May 12, 1819, SIR, An absence of some time at an occasional and
distant residence, must apologize for the delay in acknowledging the receipt of
your favor of April 12; and, candor obliges me to add, that it has been
somewhat extended by an aversion to writing, as well as
Appendix 171
to calls on my memory for facts so much obliterated from it by time, as to
lessen my own confidence in the traces which seem to remain. One of the
inquiries in your letter, however, may be answered without an appeal to the
memory. It is that respecting the question, whether committees of
correspondence originated in Virginia, or Massachusetts? on which you suppose
me to have claimed it for Virginia; but certainly I have never made such a
claim. The idea, I suppose, has been taken up from what is said in Wirt's
history of Mr. Henry, page 87, and from an inexact attention to its precise
terms. It is there said, " this House (of Burgesses, of Virginia) had the merit
of originating that powerful engine of resistance, corresponding committees
between the legislatures of the different colonies. " That the fact as here
expressed, is true, your letter bears witness, when it says, that the
resolutions of Virginia, for this purpose, were transmitted to the speakers of
the different assemblies, and by that of Massachusetts, was laid, at the next
session, before that body, who appointed a committee for the specified object :
adding, " thus, in Massachusetts, there were two committees of correspondence,
one chosen by the people; the other appointed by the House of Assembly; in the
former, Massachusetts preceded Virginia; in the latter, Virginia preceded
Massachusetts." To the origination of committees for the interior
correspondence between the counties and towns of a State, I know of no claim on
the Part of Virginia ; and cer-
172 Jefferson's Works
tainly none was ever made by myself. I perceive, however, one error, into which
memory had led me. Our committee for national correspondence, was appointed in
March, '73; and I well remember, that going to Williamsburg, in the month of
June following, Peyton Randolph, our Chairman, told me that messengers bearing
despatches between the two States, had crossed each other by the way, that of
Virginia carrying our propositions for a committee of national correspondence,
and that of Massachusetts, bringing, as my memory suggested, a similar
proposition. But here I must have misremembered; and the resolutions brought us
from Massachusetts, were probably those you mention of the town-meeting of
Boston, on the motion of Mr. Samuel Adams appointing a committee " to state the
rights of the colonists, and of that province in particular, and the
infringements of them; to communicate them to the several towns, as the sense
of the town of Boston, and to request, of each town, a free communication of
its sentiments on the subject." I suppose, therefore that these resolutions
were not received, as you think, while the House of Burgesses was in session in
March, 1773, but a few days after we rose, and were probably what was sent by
the messenger, who crossed nurs by the way. They may, however, have been still
different. I must, therefore, have been mistaken in supposing, and stating to
Mr. Wirt, that the proposition of a committee for national correspondence, was
nearly simultaneous in Virginia and Massachusetts.
Appendix 173
A similar misapprehension of another passage in Mr. Wirt's book, for which I am
also quoted, has produced a similar reclamation on the part of Massachusetts,
by some of her most distinguished and estimable citizens. I had been applied to
by Mr. Wirt, for such facts respecting Mr. Henry, as my intimacy with him, and
participation in the transactions of the day, might have placed within my
knowledge. I accordingly committed them to paper ; and Virginia being the
theatre of his action, was the only subject within my contemplation. While
speaking of him, of the resolutions and measures here, in which he had the
acknowledged lead, I used the expression, that " Mr. Henry certainly gave the
first impulse to the ball of revolution." [Wirt, page 41.] The expression is
indeed general, and in all its extension, would comprehend all the sister
States ; but indulgent' construction would restrain it, as was really meant, to
the subject matter under contemplation, which was Virginia alone ; according to
the rule of the lawyers, and a fair canon of general criticism, that every
expression should be construed secundum subjectam materiam. Where the first
attack was made, there must have been of course, the first act of resistance,
and that was in Massachusetts. Our first overt act of war, was Mr. Henry's
embodying a force of militia from several counties, regularly armed and
organized, marching them in military array, and making reprisal on the King's
treasury at the seat of government, for the public powder taken away by
174 Jefferson's Works
his Governor. This was on the last days of April 1775. Your formal battle of
Lexington, was ten or twelve days before that, and greatly overshadowed in
importance, as it preceded in time, our little affray, which merely amounted to
a levying of arms against the King; and very possibly, you had had military
affrays before the regular battle of Lexington. These explanations will, I
hope, assure you, Sir, that so far as either facts or opinions have been truly
quoted from me, they have never been meant to intercept the just fame of
Massachusetts, for the promptitude and perseverance of her early resistance. We
willingly cede to her the laud of having been (although not exclusively) " the
cradle of sound principles," and, if some of us believe she has deflected from
them in her course, we retain full confidence in her ultimate return to them. I
will now proceed to your quotation from Mr. Galloway's statement of what passed
in Congress, on their Declaration of Independence; in which statement there is
not one word of truth, and where bearing some resemblance to truth, it is an
entire perversion of it. I do not charge this on Mr. Galloway himself ; his
desertion having taken place long before these measures, he doubtless received
his information from some of the loyal friends whom he left behind him. But as
yourself, as well as others, appear embarrassed by inconsistent accounts of the
proceedings on that memorable occasion, and as those who have endeavored to
restore the truth, have
Appendix 175
themselves committed some errors, I will give you some extracts from a written
document on that subject; for the truth of which I pledge myself to heaven and
earth; having, while the question of Independence was under consideration
before Congress, taken' written notes, in my seat, of what was passing, and
reduced them to form on the final conclusion. I have now before me that paper,
from which the following are extracts. "Friday, June 7th, 1776. The delegates
from Virginia moved, in obedience to instructions from their constituents, that
the Congress should declare that these United Colonies are, and of right ought
to be, free and independent States; that they are absolved from all allegiance
to the British crown, and that all political connection between them and the
State of Great Britain is, and ought to be totally dissolved; that measures
should be immediately taken for procuring the assistance of foreign powers, and
a Confederation be formed to bind the colonies more closely together. The
House, being obliged to attend at that time to some other business, the
proposition was referred to the next day, when the members were ordered to
attend punctually at ten o'clock. Saturday, June 8th. They proceeded to take it
into consideration, and referred it to a committee of the whole, into which
they immediately resolved themselves, and passed that day in debating on the
subject.
" It appearing in the course of these debates, that the colonies of New York,
New Jersey, Pennsylvania,
176 Jefferson's Works
Delaware, Maryland and South Carolina, were not yet matured for falling from
the parent stem, but that they were fast advancing to that state, it was
thought most prudent to wait a while for them, and to postpone the final
decision to July lst. But that this might occasion as little delay as possible,
a Committee was appointed to prepare a Declaration of Independence. The
Committee were John Adams, Dr. Franklin, Roger Sherman, Robert R. Livingston
and myself. This was reported to the House on Friday, the 28th of June, when it
was read and ordered to lie on the table. On Monday, the 1st of July, the House
resolved itself into a Committee of the whole, and resumed the consideration of
the original motion made by the delegates of Virginia, which, being again
debated through the day, was carried in the affirmative by the votes of New
Hampshire, Connecticut, Massachusetts, Rhode Island, New Jersey, Maryland,
Virginia, North Carolina and Georgia. South Carolina and Pennsylvania voted
against it. Delaware had but two members present, and they were divided. The
delegates from New York declared they were for it themselves, and were assured
their constituents were for it; but that their instructions having been drawn
near a twelvemonth before, when reconciliation was still the general object,
they were enjoined by them, to do nothing which should impede that object.
They, therefore, thought themselves not justifiable in voting on either side,
and asked leave to withdraw from the question,
Appendix 177
which was given them. The Committee rose, and reported their resolutions to the
House. Mr. Rutledge, of South Carolina, then requested the determination might
be put off to the next day, as he believed his colleagues, though they
disapproved of the resolution, would then join in it for the sake of unanimity.
The ultimate question, whether the House would agree to the resolution of the
Committee, was accordingly postponed to the next day, when it was again moved,
and South Carolina concurred in voting for it. In the meantime, a third member
had come post from the Delaware counties, and turned the vote of that colony in
favor of the resolution. Members of a different sentiment attending that
morning from Pennsylvania also, her vote was changed ; so that the whole twelve
colonies, who were authorized to vote at all, gave their votes for it; and
within a few days [July 9th) the convention of New York approved of it, and
this supplied the void occasioned by the withdrawing of their delegates from
the vote." (Be careful to observe, that this vacillation and vote were on the
original motion of the 7th of June, by the Virginia delegates, that Congress
should declare the colonies independent.) "Congress proceeded, the same day, to
consider the Declaration of Independence, which had been reported and laid on
the table the Friday preceding, and on Monday, referred to a Committee of the
whole. The pusillanimous idea, that we had friends in England worth keeping
terms with, still haunted
Vol 1-12
178 Jefferson's Works
the minds of many. For this reason, those passages which conveyed censures on
the people of England were struck out, lest they should give them offence. The
debates having taken up the greater parts of the second, third and fourth days
of July, were, in the evening of the last, closed; the Declaration was reported
by the Committee, agreed to by the House, and signed by every member present
except Mr. Dickinson." So far my notes. Governor M'Kean, in his letter to
McCorkle of July l6th,1817, has thrown some lights on the transactions of that
day; but, trusting to his memory chiefly, at an age when our memories are not
to be trusted, he has confounded two questions, and ascribed proceedings to one
which belonged to the other. These two questions were; 1st, the Virginia motion
of June the 7th, to declare Independence; and 2d, the actual Declaration, its
matter and form. Thus he states the question on the Declaration itself, as
decided on the 1st of July; but it was the Virginia motion which was voted on
that day in committee of the whole ; South Carolina, as well as Pennsylvania,
then voting against it. But the ultimate decision in the House, on the report
of the Committee, being, by request, postponed to the next morning all the
States voted for it, except New York, whose vote was delayed for the reason
before stated. It was not till the 2d of July, that the Declaration itself was
taken up ; nor till the 4th, that it was decided, and it was signed by every
member present, except Mr. Dickinson.
Appendix T 179
The subsequent signatures of members who were not then present, and some of
them not yet in office, is easily explained, if we observe who they were; to
wit, that they were of New York and Pennsylvania. New York did not sign till
the l5th, because it was not till the 8th (five days after the general
signature), that their Convention authorized them to do so. The Convention of
Pennsylvania, learning that it had been signed by a minority only of their
delegates, named a new delegation on the 20th, leaving out Mr. Dickinson, who
had refused to sign, Willing and Humphreys who had withdrawn, re-appointing the
three members who had signed, Morris, who had not been present, and five new
ones, to wit, Rush, Clymer, Smith, Taylor and Ross : and Morris, and the five
new members were permitted to sign, because it manifested the assent of their
full delegation, and the express will of their Convention, which might have
been doubted on the former signature of a minority only. Why the signature of
Thornton, of New Hampshire, was pennitted so late as the 4th of November, I
cannot now say; but undoubtedly for some particular reason, which we should
find to have been good, had it been expressed. These were the only
post-signers, and you see, Sir, that there were solid reasons for receiving
those of New York and' Pennsylvania, and that this circumstance in no wise
affects the faith of this Declaratory Charter of our rights, and of the rights
of man. With a view to correct errors of fact before they
Jefferson's Works
become inveterate by repetition, I have stated what I find essentially material
in my papers, but with that brevity, which the labor of writing constrains me
to use. On the four particular articles of enquiry in your letter, respecting
your grandfather, the venerable Samuel Adams, neither memory nor memorandums
enable me to give any information. I can say that he was truly a great man,
wise in council, fertile in resources, immoveable in his purposes, and had, I
think, a greater share than any other member, in advising and directing our
measures, in the Northern war. As a speaker, he could not be compared with his
living colleague and namesake, whose deep conceptions, nervous style, and
undaunted firmness made him truly our bulwark in debate. But Mr. Samuel Adams,
although not of fluent elocution, was so rigorously logical, so clear in his
views, abundant in good sense, and master always of his subject, that he
commanded the most profound attention, whenever he rose in an assembly, by
which the froth of declamation was heard with the most sovereign contempt. I
sincerely rejoice, that the record of his worth is to be undertaken by one so
much disposed as you will be, to hand him down fairly to that posterity for
whose liberty and happiness he was so zealous a laborer. With sentiments of
sincere veneration for his memory, accept yourself this tribute to it, with the
assurance of my great respect.
Appendix 181
P. S. August 6th, 1822. Since the date of this letter, to-wit, this day, August
6, '22, I have received the new publication of the Secret Journals of Congress,
wherein is stated a resolution of July 19th 1776, that the Declaration passed
on the 4th, be fairly engrossed on parchment, and when engrossed, be signed by
every member; and another of August 2nd, that being engrossed and compared at
the table, it was signed by the members ; that is to say, the copy engrossed on
parchment (for durability) was signed by the members, after being compared at
the table, with the original one signed on paper as before stated. I add this
P. S. to the copy of my letter to Mr. Wells, to prevent confounding the
signature of the original with that of the copy engrossed on parchment.
[NOTE]
On the instructions given to the first delegation of Virginia to Congress, in
August, 1774.
The Legislature of Virginia happened to be in session, in Williamsburg, when
news was received of the passage, by the British Parliament, of the Boston Port
Bill, which was to take effect on the first day of June then ensuing. The House
of Burgesses, thereupon, passed a resolution, recommending to their
fellow-citizens, that that day should be set apart for fasting and prayer to
the Supreme Being, imploring
182 Jefferson's Works
him to avert the calamities then threatening us, and to give us one heart and
one mind to oppose every invasion of our liberties. The next day, May the 20th,
1774, the Governor dissolved us. We immediately repaired to a room in the
Raleigh tavern, about one hundred paces distant from the Capitol, formed
ourselves into a meeting, Peyton Randolph in the chair, and came to
resolutions, declaring, that an attack on one colony, to enforce arbitrary
acts, ought to be considered as an attack on all, and to be opposed by the
united wisdom of all. We, therefore, appointed a Committee of correspondence,
to address letters to the Speakers of the several Houses of Representatives of
the colonies, proposing the appointment of deputies from each, to meet annually
in a General Congress, to deliberate on their common interests, and on the
measures to be pursued in common. The members then separated to their several
homes, except those of the Committee, who met the next day, prepared letters
according to instructions, and despatched them by messengers express, to their
several destinations. It had been agreed, also, by the meeting, that the
Burgesses, who should be elected under the writs then issuing, should be
requested to meet in Convention, on a certain day in August, to learn the
results of these letters, and to appoint delegates to a Congress, should that
measure be approved by the other colonies. At the election, the people
re-elected every man of the former Assembly, as a proof of their approbation of
what they had
Appendix 183
done. Before I left home, to attend the Convention, I prepared what I thought
might be given, in instruction, to the Delegates who should be appointed to
attend the General Congress proposed. They were drawn in haste, with a number
of blanks, with some uncertainties and inaccuracies of historical facts, which
I neglected at the moment, knowing they could be readily corrected at the
meeting. I set out on my journey, but was taken sick on the road, and was
unable to proceed. I therefore sent on, by express, two copies, one under cover
to Patrick Henry, the other to Peyton Randolph, who I knew would be in the
chair of the Convention. Of the former, no more was ever heard or known. Mr.
Henry probably thought it too bold, as a first measure, as the majority of the
members did. On the other copy being laid on the table of the Convention, by
Peyton Randolph, as the proposition of a member, who was prevented from
attendance by sickness on the road, tamer sentiments were preferred, and, I
believe, wisely preferred; the leap I proposed being too long, as yet, for the
mass of our citizens. The distance between these, and the instructions actually
adopted, is of some curiosity, however, as it shows the inequality of pace with
which we moved, and the prudence required to keep front and rear together. My
creed had been formed on unsheathing the sword at Lexington. They printed the
paper, however, and gave it the title of `A summary view of the rights of
British America.' In this form it got to London, where the
Jefferson's Works
opposition took it up, shaped it to opposition views, and, in that form, it ran
rapidly through several editions. Mr. Marshall, in his history of General
Washington, chapter 3, speaking of this proposition for Committees of
correspondence and for a General Congress says, this measure had already been
proposed in town meeting, in Boston,' and some pages before, he had said, that
` at a session of the General Court of Massachusetts, in September, 1770, that
Court, in pursuance of a favorite idea of uniting all the colonies in one
system of measures, elected a Committee of correspondence, to communicate with
such Committees as might be appointed by the other colonies.' This is an error.
The Committees of correspondence, elected by Massachusetts, were expressly for
a correspondence among the several towns of that province only. Besides the
text of their proceedings, his own note X, proves this. The first proposition
for a general correspondence between the several states, and for a General
Congress, was made by our meeting of May, 1774. Botta, copying Marshall, has
repeated his error, and so it will be handed on from copyist to copyist, ad
infinitum. Here follows my proposition, and the more prudent one which was
adopted. Resolved, That it be an instruction to the said deputies, when
assembled in General Congress, with the deputies from the other states of
British America, to propose to the said Congress, that an humble and dutiful
address be presented to his Majesty, begging
Appendix 185
leave to lay before him, as Chief Magistrate of the British empire, the united
complaints of his Majesty's subjects in America; complaints which are excited
by many unwarrantable encroachments and usurpations, attempted to be made by
the legislature of one part of the empire, upon the rights which God, and the
laws, have. given equally and independently to all. To represent to his Majesty
that these, his States, have often individually made humble application to his
imperial Throne, to obtain, through its intervention, some redress of their
injured rights; to none of which, was ever even an answer condescended. Humbly
to hope that this, their joint address, penned in the language of truth, and
divested of those expressions of servility, which would persuade his Majesty
that we are asking favors, and not rights, shall obtain from his Majesty a more
respectful acceptance; and this his Majesty will think we have reason to
expect, when he reflects that he is no more than the chief officer of the
people, appointed by the laws, and circumscribed with definite powers, to
assist in working the great machine of government, erected for their use, and,
consequently, subject to their superintendence; and, in order that these, our
rights, as well as the invasions of them, may be laid more fully before his
Majesty, to take a view of them, from the origin and first settlement of these
countries. To remind him that our ancestors, before their emigration to
America, were the free inhabitants of
186 Jefferson's Works
the British dominions in Europe, and possessed a right, which nature has given
to all men, of departing from the country in which chance, not choice, has
placed them, of going in quest of new habitations, and of there establishing
new societies, under such laws and regulations as, to them, shall seem most
likely to promote public happiness. That their Saxon ancestors had, under this
universal law, in like manner, left their native wilds and woods in the North
of Europe, had possessed themselves of the Island of Britain, then less charged
with inhabitants, and had established there that system of laws which has so
long been the glory and protection of that country. Nor was ever any claim of
superiority or dependence asserted over them, by that mother country from which
they had migrated: and were such a claim made, it is believed his Majesty's
subjects in Great Britain have too firm a feeling of the rights derived to them
from their ancestors, to bow down the sovereignty of their state before such
visionary pretensions. And it is thought that no circumstance has occurred to
distinguish, materially, the British from the Saxon emigration. America was
conquered, and her settlements made and firmly established, at the expense of
individuals, and not of the British public. Their own blood was spilt in
acquiring lands for their settlement, their own fortunes expended in making
that settlement effectual. For themselves they fought, for themselves they
conquered, and for themselves alone they have
Appendix 187
right to hold. No shilling was ever issued from the public treasures of his
Majesty, or his ancestors, for their assistance, till of very late times, after
the colonies had become established on a firm and permanent footing. That then,
indeed, having become valuable to Great Britain for her commercial purposes,
his Parliament was pleased to lend them assistance against an enemy who would
fain have drawn to herself the benefits of their commerce, to the great
aggrandizement of herself, and danger of Great Britain. Such assistance, and in
such circumstances, they had often before given to Portugal and other allied
states, with whom they carry on a commercial intercourse. Yet these states
never supposed, that by calling in her aid, they thereby submitted themselves
to her sovereignty. Had such terms been proposed, they would have rejected them
with disdain, and trusted for better, to the moderation of their enemies, or to
a vigorous exertion of their own force. We do not, however, mean to underrate
those aids, which, to us, were doubtless valuable, on whatever principles
granted: but we would shew that they cannot give a title to that authority
which the British Parliament would arrogate over us; and that may amply be
repaid by our giving to the inhabitants of Great Britain such exclusive
privileges in trade as may be advantageous to them, and, at the same time, not
too restrictive to ourselves. That settlement having been thus effected in the
wilds of America, the emigrants thought proper to adopt that system of laws,
188 Jefferson's Works
under which they had hitherto lived in the mother country, and to continue
their union with her, by submitting themselves to the same common sovereign,
who was thereby made the central link, connecting the several parts of the
empire thus newly multiplied. But that not long were they permitted, however
far they thought themselves removed from the hand of oppression, to hold
undisturbed the rights thus acquired at the hazard of their lives and loss of
their fortunes. A family of Princes was then on the British throne, whose
treasonable crimes against their people, brought on them, afterwards, the
exertion of those sacred and sovereign rights of punishment,' reserved in the
hands of the people for cases of extreme necessity, and judged by the
constitution unsafe to be delegated to any other judicature. While every day
brought forth some new and unjustifiable exertion of power over their subjects
on that side of the water, it was not to be expected that those here, much less
able at that time to oppose the designs of despotism, should be exempted from
injury. Accordingly, this country which had been acquired by the lives, the
labors, and fortunes of individual adventurers, was by these Princes, several
times, parted out and distributed among the favorites and followers of their
fortunes; and, by an assumed right of the Crown alone, were erected into
distinct and independent governments ; a measure, which it is believed, his
Majesty's prudence and
Appendix 189
understanding would prevent him from imitating at this day ; as no exercise of
such power, of dividing and dismembering a country, has ever occurred in his
Majesty's realm of England, though now of very ancient standing; nor could it
be justified or acquiesced under there, or in any part of his Majesty's empire.
That the exercise of a free trade with all parts of the world, possessed by the
American colonists, as of natural right, and which no law of their own had
taken away or abridged, was next the object of unjust encroachment. Some of the
colonies having thought proper to continue the administration of their
government in the name and under the authority of his Majesty, King Charles the
first, whom, notwithstanding his late deposition by the Commonwealth of
England, they continued in the sovereignty of their State, the Parliament, for
the Commonwealth, took the same in high offence, and assumed upon themselves
the power of prohibiting their trade with all other parts of the world, except
the Island of Great Britain. This arbitrary act, however, they soon recalled,
and by solemn treaty entered into on the 12th day of March, 1651, between the
said Commonwealth, by their Commissioners, and the colony of Virginia, by their
House of Burgesses, it was expressly stipulated by the eighth article of the
said treaty, that they should have `free trade as the people of England do
enjoy to all places and with all nations, according to the laws
190 Jefferson's Works
of that Commonwealth.' But that, upon the restoration of his Majesty, King
Charles the second, their rights of free commerce fell once more a victim to
arbitrary power ; and by several acts of his reign, as well as of some of his
successors, the trade of the colonies was laid under such restrictions, as show
what hopes they might form from the justice of a British Parliament, were its
uncontrolled power admitted over these States.(l) History has informed us, that
bodies of men as well as of individuals, are susceptible of the spirit of
tyranny. A view of these acts of Parliament for regulation, as it has been
affectedly called, of the American trade, if all other evidences were removed
out of the case, would undeniably evince the truth of this observation. Besides
the duties they impose on our articles of export and import, they prohibit our
going to any markets Northward of Cape Finisterra, in the kingdom of Spain, for
the sale of commodities which Great Britain will not take from us, and for the
purchase of others, with which she cannot supply us ; and that, for no other
than the arbitrary purpose of purchasing for themselves, by a sacrifice of our
rights and interests, certain privileges in their cominerce with an allied
state, who, in confidence, that their exclusive trade wrth America will be
continued, while the principles and power of the British Parliament be the
same, have indulged themselves
_______________
(1) 12. C. 18 I5. c. 2. c. 11. 25. c. 2. c. 7. 7. 8. W, M. c. 22. 11 W. 34.
Anne, 6. C. 2. c. 13.
Appendix 191
in every exorbitance which their avarice could dictate or our necessity extort
: have raised their commodities called for in America, to the double and treble
of what they sold for, before such exclusive privileges were given them, and of
what better commodities of the same kind would cost us elsewhere; and, at the
same time, give us much less for what we carry thither, than might be had at
more convenient ports. That these acts prohibit us from carrying, in quest of
other purchasers, the surplus of our tobaccos, remaining after the consumption
of Great Britain is supplied : so that we must leave them with the British
merchant, for whatever he will please to allow us, to be by him re-shipped to
foreign markets, where he will reap the benefits of making sale of them for
full value. That, to heighten still the idea of Parliamentary justice, and to
show with what moderation they are like to exercise power, where themselves are
to feel no part of its weight, we take leave to mention to his Majesty, certain
other acts of the British Parliament, by which they would prohibit us from
manufacturing, for our own use, the articles we raise on our own lands, with
our own labor. By an act passed in the fifth year of the reign of his late
Majesty, King George the second, an American subject is forbidden to make a hat
for himself, of the fur which he has taken, perhaps, on his own soil ; an
instance of despotism, to which no parallel can be produced in the most
arbitrary ages of British history. By
192 Jefferson's Works
one other act, passed in the twenty-third year of the same reign, the iron
which we make, we are forbidden to manufacture; and, heavy as that article is,
and necessary in every branch of husbandry, besides commission and insurance,
we are to pay freight for it to Great Britain, and freight for it back again,
for the purpose of supporting, not men, but machines, in the island of Great
Britain. In the same spirit of equal and impartial legislation, is to be viewed
the act of Parliament, passed in the f fth year of the same reign, by which
American lands are made subject to the demands of British creditors, while
their own lands were still continued unanswerable for their debts; from which,
one of these conclusions must necessarily follow, either that justice is not
the same thing in America as in Britain, or else, that the British Parliament
pay less regard to it here than there. But, that we do not point out to his
Majesty the injustice of these acts, with intent to rest on that principle the
cause of their nullity ; but to show that experience confirms the propriety of
those political principles, which exempt us from the jurisdiction of the
British Parliament. The true ground on which we declare these acts void, is,
that the British Parliament has no right to exercise authority over us. That
these exercises of usurped power have not been confined to instances alone, in
which themselves were interested ; but they have also intermeddled with the
regulation of the internal affairs
Appendix 193
of the colonies. The act of the 9th of Anne for establishing a post office in
America, seems to have had little connection with British convenience; except
that of accommodating his Majesty's ministers and favorites with the sale of a
lucrative and easy office. That thus have we hastened through the reigns which
preceded his Majesty's, during which the violation of our rights were less
alarming, because repeated at more distant intervals, than that rapid and bold
succession of injuries, which is likely to distinguish the present from all
other periods of American story. Scarcely have our minds been able to emerge
from the astonishment into which one stroke of Parliamentary thunder has
involved us; before another more heavy and more alarming is fallen on us.
Single acts of tyranny may be ascribed to the accidental opinion of a day ; but
a series of oppressions, begun at a distinguished period, and pursued
unalterably through every change of ministers, too plainly prov e a deliberate,
systematical plan of reducing us to slavery. That the act passed in the fourth
year Act for granting of his Majesty's reign, entitled ` an act certain duties.
One other act passed in the fifth year. of stamp act. his reign, entitled 'an
act
One other act passed in the sixth year Act declaring the of his reign, entitled
` an act right of parliament over the colonies.
And one other act passed in the seventh Act for granting duties year of his
reign, entitled ` an act on paper, tea, &c.
VOL. 1-13
194 Jefferson's Works
Form that connected chain of Parliamentary usurpation, which has already been
the subject of frequent applications to his Majesty, and the Houses of Lords
and Commons of Great Britain; and, no answers having yet been condescended to
any of these, we shall not trouble his Majesty with a repetition of the matters
they contained. Act suspending But that one other act passed in the legislature
of New-York. same seventh year of his reign, having been a peculiar attempt,
must ever require peculiar mention. It is entitled ` an act One free and
independent legislature, hereby takes upon itself to suspend the powers of
another; free and independent as itself. Thus exhibiting a phenomenon unknown
in nature, the creator, and creature of its own power. Not only the principles
of common sense, but the common feelings of human nature must be surrendered
up, before his Majesty's subjects here, can be persuaded to believe, that they
hold their political existence at the will of a British Parliament. Shall these
governments be dissolved, their property annihilated, and their people reduced
to a state of nature, at the imperious breath of a body of men whom they never
saw, in whom they never confided, and over whom they have no powers of
punishment or removal, let their crimes against the American public be ever so
great ? Can anyone reason be assigned, why one hundred and sixty
Appendix I95
thousand electors in the island of Great Britain, should give law to four
millions in the States of America, every individual of whom is equal to every
individual of them in virtue, in understanding, and in bodily strength ? Were
this to be admitted, instead of being a free people, as we have hitherto
supposed, and mean to continue ourselves, we should suddenly be found the
slaves, not of one, but of one hundred and sixty thousand tyrants ;
distinguished, too, from all others, by this singular circumstance, that they
are removed from the reach of fear, the only restraining motive which may hold
the hand of a tyrant. That, by ` an act to discontinue in such manner and for
such time as are therein mentioned, the landing and discharging, lading or
shipping of goods, wares and merchandize, at the town and within the harbor of
Boston, in the province of Massachusetts bay, in North America, " which was
passed at the last session of the British Parliament, a large and populous
toyvn, whose trade was their sole subsistence, was deprived of that trade, and
involved in utter ruin.. Let us for a while, suppose the question of right
suspended, in order to examine this act on principles of justice. An act of
Parliament had been passed, imposing duties on teas, to be paid in America,
against which act the Americans had protested, as inauthor itative. The East
India Company, who till that time, had never sent a pound of '
[114. G. 3.]
196 Jefferson's Works
tea to America on their own account, step forth on that occasion, the asserters
of Parliamentary right, and send hither many ship loads of that obnoxious
commodity. The masters of their several vessels, however, on their arrival in
America, wisely attended to admonition, and returned with their cargoes. In the
province of New-England alone, the remonstrances of the people were
disregarded, and a compliance, after being many days waited for, was flatly
refused. Whether in this, the master of the vessel was governed by his
obstinacy, or his instructions, let those who know, say. There are
extraordinary situations which require extraordinary interposition. An
exasperated people, who feel that they possess power, are not easily restrained
within limits strictly regular. A number of them assembled in the town of
Boston, threw the tea into the ocean, and dispersed without doing any other act
of violence. If in this they did wrong, they were known, and were amenable to
the laws of the land; against which, it could not be objected, that they had
ever, in any instance, been obstrueted or diverted from the regular course, in
favor of popular offenders. They should, therefore, not have been distrusted on
this occasion. But that ill-fated colony had formerly been bold in their
enmities against the House of Stuart, and wer e now devoted to ruin, by that
unseen hand which governs the momentous affairs of this great empire. On the
partial representations of a few worthless ministerial dependants, whose con
Appendix 197
stant office it has been to keep that government embroiled, and who, by their
treacheries, hope to obtain the dignity of British knighthood, without calling
for a party aceused, without asking a proof, without attempting a distinction
between the guilty and the innocent, the whole of that ancient and wealthy
town, is in a moment reduced from 'opulence to beggary. Men who had spent their
lives in extending the British commerce, who had invested, in that place, the
wealth their honest endeavors had merited, found themselves and their families,
thrown at once on the world, for subsistence by its charities. Not the
hundredth part of the inhabitants of that town, had been concerned in the act
complained of ; many of them were in Great Britain, and in other parts beyond
the sea ; yet all were involved in one indiscriminate ruin, by a new executive
power, unheard of till then, that of a British Parliament. A property of the
value cf many millions of money, was sacrificed to revenge, not repay, the loss
of a few thousands. This is administering justice with a heavy hand indeed !
And when is this tempest to be arrested in its course ? Two wharves are to be
opened again when his Maj esty shall think proper : the residue, which lined
the extensive shores of the bay of Boston, are forever interdicted the exercise
of commerce. This little exception seems to have been thrown in for no other
purpose, than that of setting a precedent for investing his Majesty with
legislative powers. If the pulse of his people shall
Jefferson's Works
beat calmly under this experiment, another and another will be tried, till the
measure of despotism be filled up. It would be an insult on common sense, to
pretend that this exception was made, in order to restore its commerce to that
great town. The trade, which cannot be received at two wharves alone, must of
necessity be transferred to some,other place; to which it will soon be followed
by that of the two wharves. Considered in this light, it would be an insolent
and cruel mockery at the annihilation of the town of Boston. By the act for the
suppression of riots and tumults in the town of Boston, assed also in the last
session of Parliament, a murder committed there, is, if the Governor pleases,
to be tried in the court of King's bench, in the island of Great Britain, by a
jury of Middlesex. The witnesses, too, on receipt of such a sum as the Governor
shall think it reasonable for them to expend, are to enter into recognizance to
appear at the trial. This is, in other words, taxing them to the amount of
their recognizance; and that amount may be whatever a Governor pleases. For who
does his Majesty think can be prevailed on to cross the Atlantic for the sole
purpose of bearing evidence to a fact? His expenses are to be borne, indeed, as
they shall be estimated by a Governor; but who are to feed the wife and
children whom he leaves behind, and who have had no other subsistence but his
daily labor? Those epidemical disorders, too, so terrible in a
_______________
(1) 14. G. 3.
Appendix 199
foreign climate, is the cure of them to be estimated among the articles of
expense, and their danger to be warded off by the Almighty power of a
Parliament ? And the wretched criminal, if he happen to have offended on the
American side, stripped of his privilege of trial by peers of his vicinage,
removed from the place where alone full evidence could be obtained, without
money, without counsel, without friends, without exculpatory proof, is tried
before Judges predetermined to condemn. The cowards who would suffer a
countryman to be torn from the bowels of their society, in order to be thus
offered a sacrifice to Parliamentary tyranny, would merit that everlasting
infamy now fixed on the authors of the act ! A clause, for a similar purpose,
had been introduced into an act passed in the twelfth year of his Majesty's
reign entitled, an act for the better securing and preserving his Majesty s
Dock-yards, Magazines, Ships, Ammunition and Stores;' against which, as
meriting the same censures, the several colonies have already protested. That
theso are the acts of power, assumed by a body of men foreign to our
constitutions, and unacknowledged by our laws ; against which we do, on behalf
of the inhabitants of British America, enter this, our solemn and determined
protest. And we do earnestly intreat his Majesty, as yet the only mediatory
powez between the several States of the British empire, to recommend to his
Parliament of Great Britain, the total revocation of these acts,
200 Jefferson's Works
which, however nugatory they may be, may yet, prove the cause of further
discontents and jealousies among us. That we next proceed to consider the
conduct of his Majesty, as holding the Executive powers of the laws of these
States, and mark out his deviations from the line of dutv. By the Constitution
of Great Britain, as well as of the several American Stateshis Majesty
possesses the power of refusing to pass into a law, any bill which has already
passed the other two branches of the legislature. His Majesty, however, and his
ancestors, conscious of the impropriety of opposing their single opinion to the
united wisdom of two Houses of Parliament, while their proceedings were
unbiassed by interested principles, for several ages past, have modestly
declined the exercise of this power, in that part of his empire called Great
Britain. But, by change of circumstances, other principles than those of
justice simply, have obtained an influence on their determinations. The
addition of new States to the British empire has produced an addition of new,
and, sometimes, opposite interests. It is now, therefore, the great office of
his Majesty to resume the exercise of his negative power, and to prevent the
passage of laws by any one legislature of the empire, which might bear
injuriously on the rights and interests of another. Yet this will not excuse
the wanton exercise of this power, which we have seen his Majesty practice on
the laws of the American legislature.
Appendix 201
For the most trifling reasons, and, sometimes for no conceivable reason at all,
his Majesty has rejected laws of the most salutary tendency. The abolition of
domestic slavery is the great object of desire in those colonies, where it was,
unhappily, introduced in their infant state. But previous to the
enfranchisement of the slaves we have, it is necessary to exclude all further
importations from Africa. Yet our repeated attempts to effect this, by
prohibitions, and by imposing duties which might amount to a prohibition,
having been hitherto defeated by his Majesty's negative: thus preferring the
immediate advantages of a few British corsairs, to the lasting interests of the
American States, and to the rights of human nature, deeply wounded by this
infamous practice. Nay, the single interposition of an interested individual
against a law was scarcely ever known to fail of success, though, in the
opposite scale, were placed the interests of a whole country. That this is so
shameful an abuse of a power, trusted with his Majesty for other purposes, as
if, not reformed, would call for some legal restrictions. With equal
inattention to the necessities of his people here, has his Majesty permitted
our laws to lie neglected, in England, for years, neither confirming them by
his assent, nor annulling them by his negative : so, that such of them as have
no suspending clause, we hold on the most precarious of all tenures, his
Majesty's will; and such of them as suspend themselves till his Majesty's
assent be
202 Jefferson's Works
obtained, we have feared might be called into existence at some future and
distant period, when time and change of circumstances shall have rendered them
destructive to his people here. And, to render this grievance still more
oppressive, his Majesty, by his instructions, has laid his Governors under such
restrictions, that they can pass no law, of any moment, unless it have such
suspending clause : so that, however immediate may be the call for legislative
interposition, the law cannot be executed, till it has twice crossed the
Atlantic, by which time the evil may have spent its whole force. But in what
terms reconcilable to Majesty, and at the same time to truth, shall we speak of
a late instruction to his Majesty's Governor of the colony of Virginia, by
which he is forbidden to assent to any law for the division of a county, unless
the new county will consent to have no representative in Assembly ? That colony
has as yet affixed no boundary to the Westward. Their Western counties,
therefore, are of an indefinite extent. Some of them are actually seated many
hundred miles from their Eastern limits. Is it possible, then, that his Majesty
can have bestowed a single thought on the situation of those people, who, in
order to obtain justice for injuries, however great or small, must, by the laws
of that colony, attend their county court at such a distance, with all their
witnesses, monthly, till their litigation be determined ? Or does his Majesty
seriously wish, and publish it to the world,
Appendix 203
that his subjects should give up the glorious right of representation, with all
the benefits derived from that, and submit themselves the absolute slaves of
his sovereign will ? Or is it rather meant to confine the legislative body to
their present numbers, that they may be the cheaper bargain, whenever they
shall become worth a purchase? One of the articles of impeachment against
Tresilian, and the other Judges of Westminster Hall, in the reign of Richard
the Second, for which they suffered death, as traitors to their country, was,
that they had advised the King, that he might dissolve his Parliament at any
time ; and succeeding kings have adopted the opinion of these unjust Judges.
Since the establishment, however, of the British constitution, at the glorious
Revolution, on its free and ancient principles, neither his Majesty, nor his
ancestors, have exercised such a power of dissolution in the island of Great
Britain;(1) and when his Majesty was petitioned, by the united voice of his
people there, to dissolve the present Parliament, who had become obnoxious to
them, his Ministers were heard to declare, in open Parliament, that his Majesty
possessed no such power by the constitution. But how different their language,
and his practice,
(1) On further inquiry, I find two instances of dissolutions before the
Parliament would, of itself, have been at an end: viz., the Parliament called
to meet August 24, 1698, was dissolved by King William, December 19, 1700, and
a new one called, to meet February 6, 1701, which was also dissolved, November
11, 1701, and a new one met December 30, 1701. 204
Jefferson's Works
here ! To declare, as their duty required, the known rights of their country,
to oppose the usurpation of every foreign judicature, to disregard the
imperious mandates of a Minister or Governor, have been the avowed causes of
dissolving Houses of Representatives in America. But if such powers be really
vested in his Majesty, can he suppose they are there placed to awe the members
from such purposes as these ? When the representative body have lost the
confidence of their constituents, when they have notoriously made sale of their
most valuable rights, when they have assumed to themselves powers which the
people never put into their hands, then, indeed, their continuing in office
becomes dangerous to the State, and calls for an exercise of the power of
dissolution. Such being the cause for which the representative body should, and
should not, be dissolved, will it not appear strange, to an unbiased observer,
that that of Great Britain was not dissolved, while those of the colonies have
repeatedly incurred that sentence ? But your Majesty, or your Governors, have
carried this power beyond every limit known or provided for by the laws. After
dissolving one House of Representatives, they have refused to call another, so
that, for a great length of time, the legislature provided by the laws, has
been out of existence. From the nature of things, every society must, at all
times, possess within itself the sovereign powers of legislation. The feelings
of human nature revolt
Appendix 205
against the supposition of a State so situated, as that it may not, in any
emergency, provide against dangers which, perhaps, threaten immediate ruin.
While those bodies are in existence to whom the people have delegated the
powers of legislation, they alone possess, and may exercise, those powers. But
when they are dissolved; by the lopping off one or more of their branches, the
power reverts to the people, who may use it to unlimited extent, either
assembling together in person, sending deputies, or in any other way they may
think proper. We forbear to trace consequences further; the dangers are
conspicuous with which this practice is replete. That we shall, at this time
also, take notice of an error in the nature of our land holdings, which crept
in at a very early period of our settlement. The introduction of the Feudal
tenures into the kingdom of England, though ancient, is well enough understood
to set this matter in a proper light. In the earlier ages of the Saxon
settlement, feudal holdings were certainly altogether unknown, and very few, if
any, had been introduced. at the time of the Norman conquest. Our Saxon
ancestors held their lands, as they did their personal property, in absolute
dominion, disincumbered with any superior, answering nearly to the nature of
those possessions which the Feudalist term Allodial. William the Norman, first
introduced that system generally. The lands which had belonged to those who
fell in the battle of Hastings, and in the subsequent insur-
206 Jefferson's Works
rections of his reign, formed a considerable proportion of the lands of the
whole kingdom. These he granted out, subject to feudal duties, as did he also
those of a great number of his new subjects, who, by persuasions or threats,
were induced to surrender them for that purpose. But still, much was left in
the hands of his Saxon subjects, held of no superior, and not subject to feudal
conditions. These, therefore, by express laws, enacted to render uniform the
system of military defence, were made liable to the same military duties as if
they had been feuds; and the Norman lawyers soon found means to saddle them,
also, with the other feudal burthens. But still they had not been surrendered
to the King they were not derived from his grant, and therefore they were not
holden of him. A general principle was introduced, that " all lands in England
were held either mediately or immediately of the Crown; " but this was borrowed
from those holdings which were truly feudal, and only applied to others for the
purposes of illustration. Feudal holdings were, therefore, but exceptions out
of the Saxon laws of possession, under which all lands were held in absolute
right. These, therefore, still form the basis or groundwork of the Common law,
to prevail wheresoever the exceptions have not taken place. America was not
conquered by William the Norman, nor its lands surrendered to him or any of his
successors. Possessions there are, undoubtedly, of the Allodial nature. Our
ancestors, however, who migrated
Appendix 207
hither, were laborers, not lawyers. The fictitious principle, that all lands
belong originally to the King, they were early persuaded to believe real, and
accordingly took grants of their own lands from the Crown. And while the Crown
continued to grant for small sums and on reasonable rents, there was no
inducement to arrest the error, and lay it open to public view. But his Majesty
has lately taken on him to advance the terms of purchase and of holding, to the
double of what they were; by which means, the acquisition of lands being
rendered difficult, the population of our country is likely to be checked. It
is time, therefore, for us to lay this matter before his Majesty, and to
declare, that he has no right to grant lands of himself. From the nature and
purpose of civil institutions, all the lands within the limits, which any
particular party has circumscribed around itself, are assumed by that society,
and subject to their allotment; this may be done by themselves assembled
collectively, or by their legislature, to whom they may have delegated
sovereign authority ; and, if they are allotted in neither of these ways, each
individual of the society, may appropriate to himself such lands as he finds
vacant, and occupancy will give him title. That, in order to enforce the
arbitrary measures before complained of, his Majesty has, from time to time,
sent among us large bodies of armed forces not made up of the people here, nor
raised by the authority of our laws. Did his Majesty possess such
208, Jefferson's Works
a right as this, it might swallow up all our other rights, whenever he should
think proper. But his Majesty has no right to land a single armed man on our
shores ; and those whom he sends here are liable to our laws, for the
suppression and punishment of riots, routs, and unlawful assemblies, or are
hostile bodies invading us in defiance of law. When; in the course of the late
war, it became expedient that a body of Hanoverian troops should be brought
over for the defence of Great Britain, his Majesty's grandfather, our late
sovereign, did not pretend to introduce them under any authority he possessed.
Such a measure would have given just alarm to his subjects of Great Britain,
whose liberties would not be safe if armed men of another country, and of
another spirit, might be brought into the realm at any time, without the
consent of their legislature. He, there- fore, applied to Parliament, who
passed an act for that purpose, limiting the number to be brought in, and the
time they were to continue. In like manner is his Majesty restrained in every
part of the empire. He possesses indeed the executive power of the laws in
every State ; but they are the laws of the particular State, which he is to
administer within that State and not those of any one within the limits of
another. Every State must judge for itself, the number of armed men which they
may safely trust among them, of whom they are to consist, and under what
restrictions they are to be laid. To render these proceedings still more
criminal against our laws, instead of
Appendix 209
subjecting the military to the civil power, his majesty has expressly made the
civil subordinate to the military. But can his Majesty thus put down all law
under his feet? Can he erect a power superior to that which erected himself ?
He has done it indeed by force; but let him remember that force cannot give
right. That these are our grievances, which we have thus laid before his
Majesty, with that freedom of language and sentiment which becomes a free
people claiming their rights as derived from the laws of nature, and not as the
gift of their Chief Magistrate. Let those flatter, who fear: it is not an
American art. To give praise where it is not due might be well from the venal,
but would ill beseem those who are asserting the rights of human nature. They
know, and will, therefore, say, that Kings are the servants, not the
proprietors of the people. Open your breast, Sire, to liberal and expanded
thought. Let not the name of George the Third, be a blot on the page of
history. You are surrounded by British counselors, but remember that they are
parties. You have no ministers for American affairs, because you have none
taken from among us, nor amenable to the laws on which they are to give you
advice. It behooves you, therefore, to think and to act for yourself and your
people. The great principles of right and wrong are legible to every reader; to
pursue them, requires not the aid of many counselors. The whole art of
government consists in the
VOL.. 1-14
210 Jefferson's Works
art of being honest. Only aim to do your duty, and mankind will give you credit
where you fail. No longer persevere in sacrificing the rights of one part of
the empire to the inordinate desires of another; but deal out to all, equal and
impartial right. Let no act be passed by any one legislature, which may
infringe on the rights and liberties of another. This is the important post in
which fortune has placed you, holding the balance of a great, if a well-poised
empire. This, Sire, is the advice of your great American council, on the
observance of which may perhaps depend your felicity and future fame, and the
preservation of that harmony which alone can continue, both to Great Britain
and America, the reciprocal advantages of their connection. It is neither our
wish nor our interest to separate from her. We are willing, on our part, to
sacrifice everything which reason can ask, to the restoration of that
tranquillity for which all must wish. On their part, let them be ready to
establish union on a generous plan. Let them name their terms, but let them be
just. Accept of every commercial preference it is in our power to give, for
such things as we can raise for their use, or they make for ours. But let them
not think to exclude us from going to other markets to dispose of those
commodities which they cannot use, nor to supply those wants which they cannot
supply. Still less, let it be proposed, that our properties, within our own
territories, shall be taxed or regulated by any
Appendix 211
power on earth, but our own. The God who gave us life, gave us liberty at the
same time: the hand of force may destroy, but cannot disjoin them. This, Sire,
is our last, our determined resolution. And that you will be pleased to
interpose, with that efficacy which your earnest endeavors may insure; to
procure redress of these our great grievances, to quiet the minds of your
subjects in British America against any apprehensions of future encroachment,
to establish fraternal love and harmony through the whole empire, and that that
may continue to the latest ages of time, is the fervent prayer of all British
America.
[NOTE D.] August, 1774.
Instructions for the Deputies appointed to meet in General Congress on the part
of this Colony.
The unhappy disputes between Great Britain and her American colonies, which
began about the third year of the reign of his present Majesty, and since,
continually increasing, have proceeded to lengths so dangerous and alarming, as
to excite just apprehensions in the minds of his Majesty's faithful subjects of
this colony, that they are in danger of being deprived of their natural,
ancient, constitutional, and chartered rights, have compelled them to take the
same into their most serious consideration ; and, being deprived of their usual
and accustomed mode
212 Jefferson's Works
of making known their grievances, have appointed us their representatives to
consider what is proper to be done in this dangerous crisis of American
affairs. It being our opinion that the united wisdom of North America should be
collected in a General Congress of all the colonies, we have appointed the
Honorable Peyton Randolph, Richard Henry Lee, George Washington, Patrick Henry,
Richard Bland, Benjamin Harrison, and Edmund Pendleton, Esquires, deputies to
represent this colony in the said Congress, to be held at Philadelphia, on the
first Monday in September next. And that they may be the better informed of our
sentiments, touching the conduct we wish them to observe on this important
occasion, we desire that they will express, in the first place, our faith and
true allegiance to his Majesty, King George the Third, our lawful and rightful
sovereign; and that we are determined, with our lives and fortunes, to support
him in the legal exercise of all his just rights and prerogatives. And, however
misrepresented, we sincerely approve of a constitutional connection with Great
Britain, and wish, most ardently, a return of that intercourse of affection and
commercial connection, that formerly united both countries, which can only be
effected by a removal of those causes of discontent, which have of late
unhappily divided us. It cannot admit of a doubt, but the British subjects in
America are entitled to the same rights and privileges as their fellow subjects
possess in Britain;
Appendix 213
and therefore, that the power assumed by the British Parliament to bind America
by their statutes in all cases whatsoever, is unconstitutional, and the source
of these unhappy differences. The end of government would be defeated by the
British Parliament exercising a power over the lives, the property, and the
liberty of American subjects, who are not, and, from their local circumstances,
cannot be, there represented. Of this nature, we consider the several acts of
Parliament for raising a revenue in America, for extending the jurisdiction of
the courts of Admiralty, for seizing American subjects, and transporting them
to Britain to be tried for crimes committed in America, and the several late
oppressive acts respecting the town of Boston, and Province of the
Massachusetts Bay. The original constitution of the American colonies
possessing their assemblies with the sole right of directing their internal
polity, it is absolutely destructive of the end of their institution, that
their legislatures should be suspended, or prevented, by hasty dissolutions,
from exercising their legislative powers. Wanting the protection of Britain, we
have long acquiesced in their acts of navigation, restrictive of our commerce,
which we consider as an ample recompense for such protection; but as those acts
derive their efficacy from that foundation alone, we have reason to expect they
will be restrained, so as to produce the reasonable purposes of Britain, and
not injurious to us.
214 Jefferson's Works
To obtain redress of these grievances, without which the people of America can
neither be safe, free, nor happy, they are willing to undergo the great
inconvenience that will be derived to them, from stopping all imports whatever,
from Great Britain, after the first day of November next, and also to cease
exporting any commodity whatsoever, to the same place, after the tenth day of
August, 1775. The earnest desire we have to make as quick and full payment as
possible of our debts to Great Britain, and to avoid the heavy injury that
would arise to this country from an earlier adoption of the nonexportation
plan, after the people have already applied so much of their labor to the
perfecting of the present crop, by which means, they have been prevented from
pursuing other methods of clothing and supporting their families, have rendered
it necessary to restrain you in this article of non-exportation ; but it is our
desire, that you cordially co-operate with our sister colonies in General
Congress, in such other just and proper methods as they, or the majority, shall
deem necessary for the accomplishment of these valuable ends. The proclamation
issued by General Gage, in the government of the Province of the Massachusetts
Bay, declaring it treason for the inhabitants of that province to assemble
themselves to consider of their grievances, and form associations for their
common conduct on the occasion, and requiring the civil magistrates and
officers to apprehend all such per-
Appendix 215
sons, to be tried for their supposed offences, is the most alarming process
that ever appeared in a British government; and the said General Gage hath,
thereby, assumed, and taken upon himself, powers denied by the constitution to
our legal sovereign ; that he, not having condescended to disclose by what
authority he exercises such extensive and unheard of powers, we are at a loss
to determine, whether he intends to justify himself as the representative of
the King, or as the Commander-in-Chief of his Majesty's forces in America. If
he considers himself as acting in the character of his Majesty's
representative, we would remind him that the statute a 5th, Edward the Third
has expressed and defined all treasonable offences, and that the legislature of
Great Britain had declared, that no-offence shall be construed to be treason,
but such as is pointed out by that statute, and that this was done to take out
of the hands of tyrannical Kings, and of weak and wicked Ministers, that deadly
weapon, which constructive treason had furnished them with, and which had drawn
the blood of the best and honestest men in the kingdom ; and that the King of
Great Britain hath no right by his proclamation, to subject his people to
imprisonment, pains, and penalties. That if the said General Gage conceives he
is empowered to act in this manner, as the Commander in-Chief of his Majesty's
forces in America, this odious and illegal proclamation must be considered as a
plain and full declaration, that this despotic Viceroy
216 Jefferson's Works
will be bound by no law, nor regard the constitutional rights of his Majesty's
subjects, whenever they interfere with the plan he has formed for oppressing
the good people of the Massachusetts Bay; and, therefore; that the executing,
or attempting to execute, such proclamations, will justify resistance and
reprisal.
[NOTE E.]
MONTICE ll, November 1, 1778. DEAR SIR, I have got through the bill for
"proportioning crimes and punishments in cases heretofore capital," and now
enclose it to you with a request that you will be so good, as scrupulously to
examine and correct it, that it may be presented to our committee with as few
defects as possible. In its style, I have aimed at accuracy, brevity, and
simplicity, preserving, however, the very words of the established law wherever
their meaning had been sanctioned by judicial decisions, or rendered technical
by usage. The same matter, if couched in the modern statutory language, with
all its tautologies, redundancies and circumlocutions, would have spread itself
over many pages, and been unintelligible to those whom it most concerns.
Indeed, I wished to exhibit a sample of reformation in the barbarous style into
which modern statutes have degenerated from their ancient simplicity. And I
must pray you to be
Appendix 217
as watchful over what I have not said, as what is said; for the omissions of
this bill have all their positive meaning. I have thought it better to drop, in
silence, the laws we mean to discontinue, and let them be swept away by the
general negative words of this, than to detail them in clauses of express
repeal. By the side of the text. I have written the notes I made, as I went
along, for the benefit of my own memory. They may serve to draw your attention
to questions, to which the expressions or the omissions of the text may give
rise. The extracts from the Anglo-Saxon laws, the sources of the Common law, I
wrote in their original, for my own satisfaction;(l) but I have added Latin, or
liberal English translations. From the time of Canute to that of the Magna
Charta, you know, the text of our statutes is preserved to us in Latin only,
and some old French. I have strictly observed the scale of punishments settled
by the Committee, without being entirely satisfied with it. The Lex talionis,
although a restitution of the Common law, to the simplicity of which we have
generally found it so advantageous to return, will be revolting to the
humanized feelings of modern times. An eye for an eye, and a hand for a hand,
will exhibit spectacles in execution whose moral effect would be questionable ;
and even the membrum pro membro of Bracton, or the punishment of the offending
member, although long authorized by our law,
[(1) In this publication, the original Saxon words are given, but, owing to
the want of Saxon letter, they are printed in common type.]
218 Jefferson's Works
for the same offence in a slave has, you know, been not long since repealed, in
conformity with public sentiment. This needs reconsideration. I have heard
little of the proceedings of the Assembly, and do not expect to be with you
till about the close of the month. In the meantime, present me respectfully to
Mrs. Wythe, and accept assurances of the affectionate esteem and respect of,
dear Sir,
George Wythe, Esq.
Your friend and servant.
A Bill for proportioning Crimes and Punishments, in cases heretofore Capital.
Whereas, it frequently happens that wicked and dissolute men, resigning
themselves to the dominion of inordinate passions, commit violations on the
lives, liberties, and property of others, and, the secure enjoyment of these
having principally induced men to enter into society, government would be
defective in its principal purpose, were it not to restrain such criminal acts,
by inflicting due punishments on those who perpetrate them ; but it appears, at
the same time, equally deducible from the purposes of society, that a member
thereof, committing an inferior injury, does not wholly forfeit the protection
of his fellow citizens, but, after suffering a punishment in proportion to his
offence, is entitled to their protection
Appendix 219
from all greater pain, so that it becomes a duty in the legislature to arrange,
in a proper scale, the crimes which it may be necessary for them to repress,
and to adjust thereto a corresponding gradation of punishments. And whereas,
the reformation of offenders, though an object worthy the attention of the
laws, is not effected at all by capital punishments, which exterminate instead
of reforming, and should be the last melancholy resource against those whose
existence is become inconsistent with the safety of their fellow citizens,
which also weaken the State, by cutting off so many who, if reformed, might be
restored sound members to society, who, even under a course of correction,
might be rendered useful in various labors for the public, and would be living
and long-continued spectacles to deter others from committing the like
offences. And forasmuch as the experience of all ages and countries hath shown,
that cruel and sanguinary laws defeat their own purpose, by engaging the
benevolence of mankind to withhold prosecutions, to smother testimony, or to
listen to it with bias, when, if the punishment were only proportioned to the
injury, men would feel it their inclination, as well as their duty, to see the
laws observed. For rendering crimes and punishments, therefore, more
proportionate to each other : Be it enacted by the General Assembly, that no
crime shall be henceforth punished by the depriva-
220 Jefferson's Works
tion of life or limb,(1) except those hereinafter ordained to be so punished.
(2) If a man do levy war(3) against the Commonwealth [in the same], or be
adherent to the enemies of the Commonwealth [within the same],(4) giving to
them aid or comfort in the Commonwealth, or elsewhere, and thereof be convicted
of open deed, by the evidence of two sufficient witnesses, or his own voluntary
confession, the said cases, and no(5) others, shall be
(1) This takes away the punishment of cutting off the hand of a person striking
another, or drawing his sword in one of the superior courts of justice. Stamf.
P. C. 38. 33. H. 8. c. 12. In an earlier stage of the Common law, it was death.
Gif hwa gefeohte on Cyninges huse sy he scyldig ealles his yrfes, and sy on
Cyninges dome hwaether he lif age de nage: si quis in regis domo pugnet, perdat
omnem suam haereditatem, et in regis sit arbitrio, possideat vitam an non
possideat. Ll. Inae. 6. Gif hwa on Cyninges healle gefeohte, oththe his waepne
gebrede, and hine mon gefo, sy thaet on Cyninges dome swa death, swa lif, swa
he him forgyfan wille: si quis in aula regia pugnet, vel arma sua extrahat et
capiatur, sit in regis arbitrio tam mors quam vita, sicut ei condonare
voluerit. Ll. Alfr. 7. Gif hwa on Cyninges hirede gefeohte tholige thaet lifes,
buton se Cyning him gearian wille: si quis in regia dimicat, perdat vitam, nisi
rex hoc illi eondonare velit. Ll. Cnuti. 56. 4. Bl.125. zs. (2) 25. E. 3. st.
5. c. 2. 7. W. 3. c. 3. º 2. (3) Though the crime of an accomplice in treason
is not here described, yet, Lord Coke says, the partaking and maintaining a
treason herein described, makes him a principal in that treason: it being a
rule that in treason all are principals. 3 Inst. 138. 2 Inst. 590. 1 H. 6. 5.
(4) These words in the English statute narrow its operation. A man adhering to
the enemies of the Commonwealth, in a foreign country, would certainly not be
guilty of treason with us, if these words be retained. The convictions of
treason of that kind in England have been under that branch of the statute
which makes the compassing the king's death treason. Foster 196. 197. But as we
omit that branch, we must by other means reach this flagrant case. (5) The
stat. 25. E. 3. directs all other cases of treasons to await the opinion of
Parliament. This has the effect of negative words, excluding all other
treasons. As we drop that part of the statute,
Appendix 221
adjudged treasons which extend to the Commonwealth, and the person so convicted
shall suffer death, by hanging,(1), and shall forfeit his lands and goods to
the Commonwealth. If any person commit petty treason, or a husband murder his
wife, a parent(2) his child, or a child his
we must, by negative words, prevent an inundation of common law treasons. I
strike out the word "it," therefore, and insert "the said cases, and no
others.". Quaere, how far those negative words may affect the case of
accomplices above mentioned? Though if their case was within the statute, so as
that it needed not await the opinion of Parliament, it should seem to be also
within our act, so as not to be ousted by the negative words. (1) This implies
"by the neck." See 2 Hawk. 544. notes n. o. (2) By the stat. 21. Jac. 1. c. 27.
and Act Ass. 1170. c. 12. concealment by the mother of the death of a bastard
child is made murder. In justification of this, it is said, that shame is a
feeling which operates so strongly on the mind, as frequently to induce the
mother of such a child to murder it, in order to conceal her disgrace. The act
of concealment, therefore, proves she was influenced by shame, and that
influence produces a presumption that she murdered the child. The effect of
this law then is, to make what, in its nature, is only presumptive evidence of
a murder conclusive of that fact. To this I answer, 1. So many children die
before or soon after birth, that to presume all those murdered who are found
dead, is a presumption which will lead us oftener wrong than right, and
consequently would shed more blood than it would save. 2. If the child were
born dead, the mother would naturally choose rather to conceal it, in hopes of
still keeping a good character in the neighborhood. So that the act of
concealment is far, from proving the guilt of murder on the mother.3. If shame
be a powerful affection of the mind, is not parental love also? Is it not the
strongest affection known? Is it not greater than even that of
self-preservation? While we draw presumptions from shame, one affection of the
mind, against the life of the prisoner, should we not give some weight to
presumptions from parental love, an affection at least as strong, in favor of
life? If concealment of the fact is a presumptive evidence of murder, so strong
as to overbalance all other evidence that may possibly be produced to take away
the presumption, why not trust the force of this incontestable presumption to
the
222 Jefferson's Works
parent, he shall suffer death by hanging, and his body be delivered to
Anatomists to be dissected. Whosoever committeth murder by poisoning shall
suffer death by poison. Whosoever committeth murder by way of duel shall suffer
death by hanging; and if he were the challenger, his body, after death, shall
be gibbetted.(1) He who removeth it from the gibbet shall be guilty of a
misdemeanor ; and the officer shall see that it be replaced. Whosoever shall
commit murder in any other way shall suffer death by hanging. And in all cases
of Petty treason and murder, one half of the lands and goods of the offender,
shall be forfeited to the next of kin to the person killed, and the other half
descend and go to his own representa-
jury, who are, in a regular course, to hear presumptive, as well as positive
testimony? If the presumption arising from the act of concealment, may be
destroyed by proof positive or circumstantial to thecontrary, why should the
legislature preclude that contrary proof? Objection. The crime is difficult to
prove, being usually committed in secret. Answer. But circumstantial proof will
do; for example, marks of violence, the behavior, countenance, &c. of the
prisoner, &c. And if conclusive proof be difficult to be obtained, shall we
therefore fasten irremovably upon equivocal proof ? Can we change the nature of
what is contestable, and make it incontestable? Can we make that conclusive
which God and nature have made inconclusive? Solon made no law against
parricide, supposing it impossible that any one could be guilty of it; and the
Persians, from the same opinion, adjudged all who killed their reputed parents
to be bastards; and although parental be yet stronger than filial affection, we
admit infanticide proved on the most equivocal testimony, whilst they rejected
all proof of an act certainly not more repugnant to nature, as of a thing
impossible, unprovable. See Beccaria, º 31. (1) 25. G. 2. c. 37.
Appendix 223
tives. Save only, where he shall slay the challenger in a duel,(1) in which
case, no part of his lands or goods shall be forfeited to the kindred of the
party slain, but, instead thereof, a moiety shall go to the Commonwealth. The
same evidence(2) shall suffice, and order and course(3) of trial be observed in
cases of Petty Treason, as in those of other(4) murders.
Whosoever shall be guilty of manslaughter,(5) shall, for the first offence, be
condemned to hard(6) labor
(1)Quaere, if the estates of both parties in a duel, should not be forfeited?
The deceased is equally guilty with a suicide. (2) Quaere, if these words may
not be omitted? By the Common law, one witness in treason was sufficient.
Foster 233. Plowed. 8. a. Mirror c. 3. 34. Waterhouse on Fortesc. de laud.
252. Carth. 144. per. Holt. But Lord Coke, contra 3 inst. 26. The stat. 1. E.
6. c. 12. &5. E. 6. c. 11. first required two witnesses in treason. The clause
against high treason supra, does the same as to high treason; but it seems if
1st and 5th E. 6. are dropped, Petty treason will be tried and proved, as at
Common law, by one witness. But quaere, Lord Coke being contra, whose opinion
it is ever dangerous to neglect. (3) These words are intended to take away the
peremptory challenge of thirty-five jurors. The same words being used 1. 2. Ph.
& M. c. 10. are deemed to have restored the peremptory challenge in high
treason; and consequently are sufficient to take it away. Foster 237
(4) Petty treason is considered in law only as an aggravated murder. Foster
107. 323. A pardon of all murders, pardons Petty treason. 1 Hale P. C. 378. see
2 H. P. C. 340. 342. It is also included in the word "felony," so that a pardon
of all felonies, pardons Petty treason. (5) Manslaughter is punishable at law,
by burning in the hands, and forfeiture of chattels. (6) It is best, in this
act, to lay down principles only, in order that it may not forever be
undergoing change; and to carry into effect the minuter parts of it, frame a
bill "for the employment and government of felons, or malefactors, condemned to
labor for the Commonwealth, which may serve as an Appendix to this, and in
which all the particulars requisite may be directed; and as experience will,
from time to
224 Jefferson's Works
for seven years in the public works, shall forfeit one half of his lands and
goods to the next of kin to the person slain; the other half to be sequestered
during such term, in the hands and to the use of the Commonwealth, allowing a
reasonable part of the profits for the support of his family. The second
offence shall be deemed murder. And where persons, meaning to commit a
trespass(1) only, or larceny, or other unlawful deed, and doing an act from
which involuntary homicide hath ensued, have heretofore been adjudged guilty of
manslaughter, or of murder, by transferring such their unlawful intention to an
act, much more penal than they could have in probable contemplation; no such
case shall hereafter be deemed manslaughter, unless manslaughter was intended,
nor murder, unless murder was intended. In other cases of homicide, the law
will not add to the miseries of the party, by punishments and forfeitures.(2)
time, be pointing out amendments, these may be made without touching this
fundamental act. See More's Utopia p. 5o. for some good hints. Fugatives might,
in such a bill, be obliged to work two days for every one they absent
themselves. (1) The shooting at a wild fowl, and killing a man, is homicide by
misadventure. Shooting at a pullet, without any design to take it away, is
manslaughter; and with a design to take it away, is murder. 6 Sta. tr. 222. To
shoot at the poultry of another, and thereby set fire to his house, is arson,
in the opinion of some. Dalt. c. 116. 1 Hale's P. C. 569. c. contra. (2)
Beccaria. º 32. Suicide. Homicides are, 1. Justifiable. 2. Excusable. 3.
Felonious. For the last, punishments have been already provided. The first are
held to be totally without guilt, or rather com-
Appendix 225
Whenever sentence of death shall have been pronounced against any person for
treason or murder, execution shall be done on the next day but one
mendable. The second are in some cases not quite unblamable. These should
subject the party to marks of contrition; viz., the killing of a man in defence
of property; so also in defence of one's person which is a species of excusable
homicide, because, although cases may happen where these also are commendable,
yet most frequently they are done on too slight appearance of danger; as in
return for a blow, kick fillip, &c. ; or on a person's getting into a house,
not animo furandi, but perhaps veneris causa, &c. Bracton says, "si quis furem
nocturnum occident, its demum impune foret, si parcere ei sine periculo suo non
potuit, si autem potuit, aliter erit. Item erit si quis hamsokne quae dicitur
invasio domus contra pacem domini regis in domo sua se defenderit, et invasor
occisus fuerit; impersecutus et insultus remanebit si ille quem invasit aliter
se defendere non potuit; dicitur enim quod non est dignus habere pacem qui non
vult observare eam." L. 3. c. 23. º 3. "Qui latronem occiderit, non tenetur,
nocturnum vel diurnum, si alitcr periculum evadere non possit; tenetur tamen si
possit. Item non tenetur si per infortunium, et non animo et voluntate
occidendi, nec dolus, nec culpa ejus inveniatur." L. 3. c. 36. º 1. The stat.
24. H. 8. c. 5. is therefore merely declaratory of the Common law. See on the
general subject Puffend. 2. 5. º 10.11.12.16.17. Excusable homicides are by
misadventure, or in self-defence. It is the opinion of some lawyers, that the
Common law punished these with death, and that the statute of Marlbridge, c.
26. and Gloucester, c. 9. first took away this by giving them title to a
pardon, as matter of right, and a writ of restitution of their goods. See 2.
Inst. 148. 315. 3. Inst. 55. Bracton L. 3. c. 4. º 2. Fleta L. 1. c. 23. º 14.
15. 21. E. 3. 23. But it is believed never to have been capital. 1. H. P. C.
425. 1. Hawk. 75. Foster, 282. 4. Bl. 188. It seems doubtful also, whether at
Common law, the party forfeited all his chattels in this case or only paid a
weregild. Foster, ubi supra, doubts, and thinks it of no consequence, as the
statute of Gloucester entitles the party to Royal grace, which goes as well to
forfeiture as life. To me there seems no reason for calling these excusable
homicides, and the killing a man in defence of property, a justifiable
homicide. The latter is less guiltless than misadventure or self-defence.
Suicide is by law punishable by forfeiture of chattels. This bill exempts it
from forfeiture. The suicide injures the State less than he
Vol.. 1.-15.
226 Jefferson's Works
after such sentence, unless it be Sunday, and then on the Monday
following.(1)Whosoever shall be guilty of Rape,(2) Polyg
who leaves it with his effects. If the latter then be not punished, theformer
should not. As to the example, we need not fear its influence. Men are too much
attached to life, to exhibit frequent instances of depriving themselves of it.
At any rate, the quasi-punishment of confiscation will not prevent it. For if
one be found who can calmly determine to renounce life, who is so weary of his
existence here, as rather to make experiment of what is beyond the grave, can
we suppose him, in such a state of mind, susceptible of influence from the
losses to his family from confiscation? That men in general, too, disapprove
of. this severity, is apparent from the constant practice of juries finding the
suicide in a state of insanity; because they have no other way of saving the
forfeiture. Let it then be done away. (1) Beccaria. º 19. 25. G. 2. c. 37. (2)
13. E. 1. c. 34. Forcible abduction of a woman having substance, is felony by
3. H. 7. c. 2. 3. Inst. 61. 4. Bl. 208. If goods be taken, it will be felony as
to them, without this statute; and as to the abduction of the woman, quaere if
not better to leave that, and also kidnapping, 4. Bl. 219. to the Common law
remedies, viz.; fine, imprisonment, and pillory, Raym. 474. 2 Show. 221. Skin.
47. Comb. 10. the writs of Homine replegiando, Capias in Withernam, Habeas
corpus, and the action of trespass? Rape was felony at the Common law. 3. Inst.
60. but see 2. Inst. 181. further-for its definition see 2. Inst. 180. Bracton,
L. 3. c. 28. º 1. says the punishment of rape is "amissio membrorum, ut sit
membrum pro membro, quia virgo, cum corrumpitur, membrum amittit, et ideo
corruptor puniatur in eo in quo deliquit; oculos igitur amittat propter
aspectum decoris quo virginem concupivit; amittat et testiculos qui calorem
stupri induxerunt. Olim quidem corruptores virginitatis et castitatis
suspendebantur et eorum fautores, &c. Modernis tamen temporibus aliter
observatur," &c. And Fleta, "solet justiciarius pro quolibet mahemio ad
amissionem testiculorum vel oculorum convictum condemnare, sed non sine errore,
eo quod id judicium nisi in corruptione virgillum tantum competebat; nam pro
virginitatis corruptione solebant abscidi et merito judicari, ut sic pro membro
quod abstulit, membrum per quod deliquit amitteret, viz., testiculos, qui
calorem stupri induxerunt," &c. Fleta, L. 1. c. 4o. º 4. "Gif theow man theowne
to nydhed genyde, gabte mid his eowende : " " Si servus servam ad stuprum
coegerit, compenset hoo
Appendix 227
amy,(1) or Sodomy(2) with man or woman, shall be punished, if a man, by
castration,(3) if a woman, by cutting through the cartilage of her nose a hole
of one half inch in diameter at the least.
virga sua virili. Si quis puellam," &c. Ll. Aelfridi. 25. "Hi purgist femme
per forze forfait ad les membres." Ll. Gul. conq. 19. In Dyer, 305, a man was
indicted, and found guilty of a rape on a girl of seven years old. The court
"doubted of the rape of so tender a girl; but if she had been nine years old,
it would have been otherwise." 14. Eliz. Therefore the statute 18. Eliz. c. 6.
says, " For plain declaration of law, be it enacted, that if any person shall
unlawfully and carnally know and abuse any woman child, under the age of ten
years, &c., he shall suffer as a felon, without allowance of clergy." Lord
Hale, however,1. P. C. 630. thinks it rape independent of that statute, to know
carnally, a girl under twelve, the age of consent. Yet 4. Bl. 212. seems to
neglect this opinion; and as it was founded on the words of 3. E. 1. c. 13. and
this is with us omitted, the offence of carnally knowing a girl under twelve,
or ten years of age, will not be distinguished from that of any other. (1) 1.
Jac. 1. c. 11. Polygamy was not penal till the statute 1. Jac. The law
contented itself with the nullity of the act. 4. Bl. 163. 3. Inst. 88. (2) 25.
H. 8. c. 6. Buggery is twofold: 1. With mankind, 2. with beasts. Buggery is the
Genus, of which Sodomy and Bestiality, are the species. 12. Co. 37. says, "NOTE
that Sodomy is with mankind." But Finch's L. B. 3. c. 24. "Sodomiary is a
carnal copulation against nature, to wit, of man or woman in the same sex, or
of either of them with beasts." 12. Co. 36. says, "it appears by the ancient
authorities of the law that this was felony." Yet the 25. H. 8. declares it
felony, as if supposed not to be so. Britton, c. 9. says, that Sodomites are to
be burnt. F. N. B. 269. b. Fleta, L. 1. c. 37. says, "pecorantes et Sodomitae
in terra vivi confodiantur." The Mirror makes it trea- son. Bestiality can
never make any progress; it cannot therefore be injurious to society in any
great degree, which is the true measure of criminality in foro civili, and will
ever be properly and severely punished, by universal derision. It may,
therefore, be omitted. It was anciently punished with death, as it has been
latterly. Ll. Aelfrid. 31. and 25. H. 8. c. 6. see Beccaria. º 31. Montesq. (3)
Bracton, Fleta, &c,
228 Jefferson's Works
But no one shall be punished for Polygamy, who shall have married after
probable information of the death of his or her husband or wife, or after his
or her husband or wife, hath absented him or herself, so that no notice of his
or her being alive hath reached such person for seven years together, or hath
suffered the punishments before prescribed for rape, polygamy, or sodomy.
Whosoever, on purpose, and of malice forethought shall maim(1) another, or
shall disfigure him, by cutting out or disabling the tongue, slitting or
cutting off a nose, lip, or ear, branding, or otherwise, shall be maimed, or
disfigured in like(2) sort : or if that cannot
(1) 22. 23. Car. 2. c. 1. Maiming was felony at the Common law. Britton, c. 25.
"Mahemium autem dici poteri, aubi aliquis in aliqua parts sui corparis
laesionem acceperit, per quam affectus sit inutilis ad pugnandum: ut si manus
amputetur, vel pes, oculus privetur, vel scerda de osse capitis laveter, vel si
quis dentes praecisores amiserit, vel castratus fuerit, et talis pro mahemiato
poterit adjudicari." Fleta, L. 1. c. 40. " Et volons que nul maheme ne soit
tenus forsque de membre tollet dount home est plus febie a combatre, sicome del
oyl, ou de la mayn, ou del pie, ou de la tete debruse, ou de les dentz devant."
Britton, c. 25. For further definitions, see Bracton, L. 3. c. 24. º 3. 4.
Finch L. B. 3. c. 12. Co. L.126. a. b.288. a. 3. Bl.121. 4. Bl. 205. Stamf. P.
C. L. 1. c. 41. I do not find any of these definitions confine the offence to
wilful and malicious perpetrations of it. 22. 23. Car. 2. c. 1. called the
Coventry act, has the words "on purpose and of malice forethought." Nor does
the Common law prescribe the same punishment for disfiguring, as for maiming.
(2) The punishment was by retaliation. "Et come ascun appele serra de tele
felonie atteint et attende jugement, si soit le judgment tiel que il perde
autriel membre come il avera tollet al pleintyfe. Et sy la pleynte soi faite de
femme que avera tollet a home ses membres, en tiel cas perdra la femme la une
meyn par jugement, come le membre dount ele axera trespasse." Britton, c. 25.
Fleta, B. 1. e. 40. Ll. Aelfr. 19. 40.
Appendix 229
be, for want of the same part, then as nearly as may be, in some other part of
at least equal value and estimation, in the opinion of a jury, and moreover,
shall forfeit one half of his lands and goods to the sufferer. Whosoever shall
counterfeit(1) any coin, current by law within this Commonwealth, or any paper
bills issued in the nature of money, or of certificates of loan on the credit
of this Commonwealth, or of all or any of the United States of America, or any
Inspectors' notes for tobacco, or shall pass any such
(1) 25.E.3. st. 5.c. 2. 5. El.c.11.18. El.c.1.8.9.W.3. c. 26. 15. 16. G. 2. c.
28. 7. Ann. c. 25. By the laws of Aethelstan and Canute, this was punished by
cutting off the hand. "Gif se mynetere ful wurthe slea man tha hand of, tho he
that ful mid worthe and sette uppon tha mynet smiththan." In English characters
and words "if the minter foul [criminal) wert, slay the hand off, that he the
foul [crime] with wrought, and set upon the mint-smithery." Ll. Aethelst. 14. "
Et si quis praeter hanc, falsam fecerit, perdat manum quacum falsam confecit."
Ll. Cnuti. 8. It had been death by the Ll. Aethelredi sub fine. By those of H.
1. "si quis cum falso denario inventus fueritfiat justitia mea, saltem de
dextro pugno et de testiculis." Anno 1108. Operae pretium v ero est audire quam
severus rex fuerit in pravos. Moretarios enim fere omnes totius Angliae fecit
ementulari, et manus dextras abscindi, quia monetam furtive corruperant.
Wilkins ib. et anno 1125. When the Common law became settled, it appears to
have been punishable by death. " Est aluid genus criminis quod sub nomine falsi
continetur, et tangit coronam domini regis, et ultimum inducit supplicium,
sicut de illis qui falsam fabricant monetam, et qui de re non reproba, faciunt
reprobam; sicut sunt retonsores denariorum. Bract. L. 3. c. º 2. Fleta, L. 1.
c. 22. º 4. Lord Hale thinks it was deemed petty treason at common law. 1. H.
P. C. 220. 224. The bringing in false money with intent to merchandize, and
make payment of it, is treason, by 25. E. 3. But the best proof of the
intention, is the act oú passing it, and why not leave room for repentance
here, as in other cases of felonies intended? 1. H. P. C. 229.
230 Jefferson's Works
counterfeit coin, paper, bills, or notes, knowing them to be counterfeit; or,
for the sake of lucre, shall diminish,(1) case, or wash any such coin, shall be
condemned to hard labor six years in the public works, and shall forfeit all
his lands and goods to the Commonwealth. (2) Whosoever committeth Arson, shall
be condemned to hard labor five years in the public works, and shall make good
the loss of the sufferers threefold.(3)
(1) Clipping, filing, rounding, impairing, scaling, lightening, (the words in
the statutes) are included in " diminishing; " gilding, in the word"casing;"
coloring in the word "washing;" and falsifying, or making, is "counterfeiting."
(2) 43. L. c. 13. confined to four counties. 22. 23. Car. 2. c. 7. 9. G.1. c.
22. 9. G. 3. c. 29. (3) Arson was a felony at Common law-3. Inst. 66 ; punished
by a fine, Ll. Aethelst. 6. But Ll. Cnuti. 61. make it a "scelus inexpiable."
"Hus brec and baernet and open thyfth aeberemorth and hlaford swice aefter
woruld laga is botleds." Word for word, "house break and burnt, and open theft,
and manifest murther, and lord-treachery, afterworld's law is bootless."
Bracton says it was punished by death. " Si quis turbida seditione incendium
fecerit nequiter et in.felonia, vel ob inimicitias, vel praedandi causa,
capitali puniatur poena vel sententia." Bract. L. 3. 27. He defines it as
commissible by burning "aedes alienas." Ib. Britton, c. 9. "Ausi soit enquis de
ceux que felonisement en temps de pees eient autre blees ou autre mesons ars,
et ceux que serrount de ceo atteyntz, soient ars issint que eux soient punys
par mesme cele chose dount ilz pecherent." Fleta, L. 1. c. 37. is a copy of
Bracton. The Mirror c. 1. º 8. says, "Ardours sont que ardent citie, ville,
maison home, maison beast, ou auters chatelx, de lour felonie en temps de pace
pour haine ou vengeance." Again, c. 2. º 11. pointing out the words of the
appellor "jeo dise que Sebright, &c., entiel meason ou biens mist de feu." Coke
3. Inst. 67. says, "the ancient authors extended this felony further than
houses, viz., to sacks of corn, waynes or carts of coal, wood or other goods."
He denies it as commissible, not only on the inset houses, parcel of the
mansion
Appendix 231
If any person shall, within this Commonwealth, or being a citizen thereof,
shall without the same, wilfully destroy,(1) or run(2) away with any
sea-vessel, , or goods laden on board thereof, or plunder or pilfer any wreck,
he shall be condemned to hard labor five years in the public works, and shall
make good the loss of the sufferers threefold. Whosoever committeth Robbery(3)
shall be condemned to hard labor four years in the public works, and shall make
double reparation to the persons injured. Whatsoever act, if committed on any
Mansion house, would be deemed Burglary,(4) shall be Bur
house, but the outset also, as barn, stable, cowhouse, sheep house, dairy
house, mill house, and the like, parcel of the mansion house. But "burning of a
barn, being no parcel of a mansion house, is no felony," unless there be corn
or hay within it. Ib. The 22. 23. Car. 2. and 9. G.1. are the principal
statutes against arson. They extend the offence beyond the Common law. (1) 1.
Ann. st. 2. c. 9. 12. Ann.c.18. 4.G.1.c.12. 26.G.2.c.19. (2) 11.12.W. 3. e. 7.
(3) Robbery was a felony at Common law. 3 Inst. 68. "Scelus inexpiable," by the
Ll. Cnuti. 61. [See before in Arson.] It was punished with death. Britt. c. 15,
"de robbours et de larouns et de semblables mesfesours, soit ausi ententivement
enquis-et tauntost soient ceux robbours juges a la mort." Fleta says, "si quis
convictus fuerit de bonis viri robbatis vel asportatis ad sectam regis judicium
capitale subibit. L. 1. c. 39. See also Bract. L. 3. c. 32. º 1. (4) Burglary
was felony at the Common law. 3 Inst. 63. It was not distinguished by ancient
authors, except the Mirror, from simple Housebreaking, ib. 65. Burglary and
House-breaking were called "Hamsockne diximus etiam de pacis violatione et de
immunitatibus domus, si quis hoc in posterum fecerit ut perdat omne quod habet,
et sit in regis arbitrio utrum vitam habeat. Eac we quaedon be mundbryce and be
ham socnum, sethe hit ofer this do thaet he dolie ealles thaes the age, and sy
on Cyninges dome hwaether he life age; and we quoth of
232 Jefferson's Works
glary, if committed on any other house ; and he, who is guilty of Burglary,
shall be condemned to hard labor four years in the public works, and shall make
double reparation to the persons injured. Whatsoever act, if committed in the
night time, shall constitute the crime of Burglary, shall, if committed in the
day, be deemed House-breaking;(1) and
mound-breach, and of home-seeking he who it after this do, that he dole all
that he owe [owns], and is in king's doom whether he life owes (owns]. L1.
Eadmundi. c. 6. and see Ll. Cnuti. 61. "hus brec," in notes on Arson. ante. A
Burglar was also called a Burgessor. " Et soit enqui.s de Burgessours et sunt
tenus Burgessours trestous ceux que felonisement en temps de pees debrusont
esglises ou auter mesons, ou murs ou portes de nos cytes, ou de nos Burghes."
Britt. c. 10. "Burglaria est nocturna diruptio habitaculi alicujus, vel
ecclesiae, etiam murorum, partarumve civitatis aut burgi, ad feloniam aliquam
perpetrandam. Noctanter dico, recentiores secutus; veteres enim hoc non
adjungunt. Spelm. gloss. verb. Burglaria. It was punished with death. Ib. citn.
from the office of a Coroner. It may be committed in the outset houses, as well
as inset. 3 Inst. 65. though not under the same roof or contiguous, provided
they be within the Curtilage or Homestall. 4 Bl. 225. As by the Common law, all
felonies were clergiable, the stat. 23 H.8.c.1.5.E.6.c.9. and 18 El.c.7. first
distinguished them, by taking the clerical privilege of impunity from the
principals, and 3. 4. W. M. c. 9. from accessories before the fact. No statute
defines what Burglary is. The 12 Ann. c.7. decides the doubt whether, where
breaking is subsequent to entry, it is Burglary. Bacon's Elements had affirmed,
and 1. H. P. C. 554. had denied it. Our bill must distinguish them by different
degrees of punishment. (1) At the Common law, the offence of Housebreaking was
not distinguished from Burglary, and neither of them from any other larceny.
The statutes at first took away clergy from Burglary, which made a leading
distinction between the two offences. Later statutes, however, have taken
clergy from so many cases of Housebreaking, as nearly to bring the offences
together again. These are 23 H. 8. c. 1. 1. E. 6. c. 12. 5 and 6 E. 6. c. 9. 3
and 4 W. M. c. 9. 39 El. c. 15. 10 and 11 W. 3 c. 23. 12 Ann. c. 7. See Barr.
428. 4 Bl. 24o. The circumstances which in these statutes Characterize the
offence. seem to have
Appendix 233
whosoever is guilty thereof, shall be condemned to hard labor three years in
the public works, and shall make reparation to the persons injured. . Whosoever
shall be guilty of Horse-stealing,(l) shall be condemned to hard labor three
years in the public works, and shall make reparation to the person injured.
Grand Larceny(2) shall be where the goods stolen are of the value of five
dollars ; and whosoever shall be guilty thereof, shall be forthwith put in the
pillory for one half hour, shall be condemned to hard labor(3)
been occasional and unsystematical. The houses on which Burglary may be
committed, and the circumstances which constitute that crime being ascertained,
it will be better to define Housebreaking by the same subjects and
circumstances, and let the crimes be distinguished only by the hour at which
they are committed, and the degree of punishment. (1) The offence of
Horse-stealing seems properly distinguishable from other larcenies, here, where
these animals generally run at large, the temptation being so great and
frequent, and the facility of commission so remarkable. See 1 E. 6. c. 12. 23
E. 6. c. 33. 31 El. c. 12. (2) The distinction between grand and petty larceny,
is very ancient. At first 8d. was the sum which constituted grand larceny. Ll.
Aethelst. c. 1. " Ne parcatur ulli furi, qui furtum manutenens captus sit,
supra 12. annos nato, et supra 8. denarios." Afterwards, in the same king's
reign it was raised to 12d. "non parcatur alicui furi ultra 12 denarios, et
ultra 12 annos nato-ut occidemus illum et capiamus omne quod possidet, et
imprimis sumamus rei furto ablatae pretium ab haerede, ac dividatur postea
reliquum in duas partes, una pars uxori, si munda, et facinoris conscia non
sit; et residuum in duo, dimidium capiat rex, dimidium societas." Ll. Aethelst.
Wilkins, p. 65. (3) Ll. Inae. c. 7. "Si quis furetur its ut uxor ejus et infans
ipsius nesciant, solvat 60. solidos poenae loco. Si autem furetur testantibus
omnibus haeredibus suis, abeant omnes in servitutem." Ina was king of the
West-Saxons, and began to reign A. C. 688. After the union of
234 Jefferson's Works
two years in the public works, and shall make reparation to the person injured.
Petty Larceny shall be, where the goods stolen are of less value than five
dollars ; and whosoever shall be guilty thereof, shall be forthwith put in the
pillory for a quarter of an hour, shall be condemned to hard labor one year in
the public works, and shall make reparation to the person injured. Robbery(1)
or larceny of bonds, bills obligatory, bills of exchange, or promissory notes
for the pay
the Heptarchy, I. e. temp. Aethelst. inter 924 and 940, we find it punishable
with death as above. So it was inter 1017 and 1035, I. e. temp.Cnuti. Ll. Cnuti
61. cited in notes on Arson. In the time of William the Conqueror, it seems to
have been made punishable by fine only. Ll. Gul. conq. apud Wilk. p. 218, 220.
This commutation, however, was taken away by Ll. H. 1. anno 1108. "Si quis in
furto vel latrocinio deprehensus fuisset, suspenderetur; sublata wirgildorum,
id est, pecuniarae redemptionis lege." Larceny is the felonious taking and
carrying away of the personal goods of another. 1. As to the taking, the 3. 4.
W. M. c. 9 º 5. is not additional to the Common law, but declaratory of it;
because where only the care or use, and not the possession, of things is
delivered, to take them was larceny at the Common law. The 33. H. 6. c. 1. and
21 H. 8. c. 7. indeed, have added to the Common law, by making it larceny in a
servant to convert things of his master's. But quaere, if they should be
imitated more than as to other breaches of trust in general? 2. As to the
subject of larceny, 4 G. 2. c. 32. 6 G. 3. c. 36. 48. 43. El. c. 7. 15. Car. 2.
c. 2. 23. G. 2. c. 26. 31. G. 2. c. 35. 9. G. 3. c. 41. 25. G. 2. c. 10. have
extended larceny to things of various sorts either real, or fixed to the
reality. But the enumeration is unsystematical, and in this country, where the
produce of the earth is so spontaneous, as to have rendered things of this kind
scarcely a breach of civility or good manners, in the eyes of the people,
quaere, if it would not too much enlarge the field of Criminal law? The same
may be questioned of 9 G. 1. c. 22. 13 Car. 2. c. 10. 10 G. 2. c. 32. 5 G. 3.
c. 14. 22 and 23 Car. 2. c. 25. 37 E. 3. c. ig. making it felony to steal
animals ferae naturae€ (1)2G.2.c.25.º3.7.G.3.c.50.
Appendix 235
ment of money or tobacco, lottery tickets, paper bills issued in the nature of
money, or of certificates of loan on the credit of this Commonwealth, or of all
or any of the United States of America, or Inspectors' notes for tobacco, shall
be punished in the same manner as robbery or larceny of the money or tobacco
due on, or represented by such papers.
Buyers(l) and receivers of goods taken by way of robbery or larceny, knowing
them to have been so taken, shall be deemed accessaries to such robbery or
larceny after the fact. Prison-breakers,(2) also, shall be deemed accessaries
after the fact, to traitors or felons whom they enlarge from prison.(3)
(1)3. 4. W. M. c. 9. º 4. 5 Ann. c. 31. º 5. 4 G. 1. c. 11. º 1. (2) 1 E. 2.
(3) Breach of prison at the Common law was capital without regard to the crime
for which the party was committed. "Cum pro criminis qualitate in carcerem
recepti fuerint, conspiraverint (ut ruptis vinculis aut fracto carcere)
evadant, amplius (quam causa pro qua recepti sunt exposeit) puniendi sunt,
videlicet ultimo supplicio, quamvis ex eo crimine innocentes inveniantur,
propter quod inducti sunt in carcerem et imparcati." Bracton L. 3. c. 9. º 4.
Britt. c. 11. Fleta, L. 1. c. 26. º 4€ Yet in the Y. B. Hill. 1. H. 7. 2.
Hussey says, that by the opinion of Billing and Choke, and all the justices, it
was a felony in strangers only, but not in the prisoner himself. S. C. Fitz.
Abr. Coron. 48. They are principal felons, not accessories. ib. Whether it was
felony in the prisoner at Common law, is doubted. Stam. P. C. 30. b. The Mirror
c. 5. º 1, says, "abusion est a tener escape de prisoner, ou de bruserie del
gaole pur peche mortell, car cel usage nest garrant per nul ley, ne in nul part
est use forsque in cest realme, et en France, eins [mais] est leu garrantie de
ceo faire per la ley de nature." 2 Inst. 589. The stat. 1. E. 2. de
fraugentibus prisonam, restrained the judgment of life and limb for prison
breaking, to cases where the offence of the prisoner required such judgment.
236
Jefferson's Works All attempts to delude the people, or to abuse their
understanding by exercise of the pretended arts of witchcraft, conjuration,
enchaantment, orsorcery, or by pretended prophecies, shall be punished by
dunking and whipping, at the discretion of a jury, not exceeding fifteen
stripes.(1) If the principal offenders be fled,(2) or secreted from justice, in
any case not touching life or member, the
It is not only vain, but wicked, in a legislator to frame laws in opposition to
the laws of nature, and to arm them with the terrors of death. This is truly
creating crimes in order to punish them. The law of nature impels every one to
escape from confinement; it should not, therefore, be subjected to punishment.
Let the legislator restrain his criminal by walls, not by parchment. As to
strangers breaking prison to enlarge an offender, they should, and may be
fairly considered as accessaries after the fact. This bill says nothing of the
prisoner releasing himself by breach of jail, he will have the benefit of the
first section of the bill, which repeals the judgment of life and death at the
common law. (1) Gif wiccan owwe wigleras nansworan, owwe morthwyrhtan owwe fule
afylede aebere horcwenan ahwhar on lande wurthan agytene, thonne fyrsie man of
earde and claensie tha theode, owwe on earde forfare hi mid ealle, buton hi
geswican and the deoper gebetan: if witches, or weirds, man-swearers, or
murther-wroughters, or foul, defiled, open whore-queens, anywhere in the land
were gotten, then force them off earth, and cleanse the nation, or in earth
forth-fare them withal, buton they beseech, and deeply better. Ll. Ed. et
Guthr. c. 11. "Sagae, mulieres barbara, factitantes sacrificia, aut pestiferi,
si cui mortem intulerint, neque id inficiari poterint, capitis poena esto." Ll.
Aethelst. c. 6. apud Lambard. Ll. Aelfr. 30. Ll. Cnuti. c. 4. "Mesme cel
jugement (d'etrears) eyent sorcers, et sorceresses, &c. ut supra. Fleta ut et
ubi supra. 3. Inst. 44. Trial of witches before Hale in 1664. The statutes 33
H. 8. c. 8. 5. El. c. 16 and 1. Jac. 1. c. 12. seem to be only in confirmation
of the Common law. 9 G. 2. c. 25. punishes them with pillory, and a year's
imprisonment. 3 E. 6. c. I5. 5 El. c. 15. Punish fond, fantastical and false
prophecies, by fine and imprisonment. (2) l Ann.c.9.º2.
Appendix 237
accessaries may, notwithstanding, be prosecuted as if their principal were
convicted.(l) If any offender stand mute of obstinacy,(2) or challenge
peremptorily more of the jurors than by law he may, being first warned of the
consequence thereof, the court shall proceed as if he had confessed the
charge.(3) Pardon and Privilege of clergy, shall henceforth be abolished, that
none may be induced to injure through hope of impunity. But if the verdict be
against the defendant, and the court before whom the offence is heard and
determined, shall doubt that it may be untrue for defect oú testimony, or other
cause, they may direct a new trial to be had.(4)
(1) As every treason includes within it a misprision of treason, so every
felony includes a misprision, or misdemeanor. 1 Hale P. C. 652. 708. "Licet
fuerit felonia, tamen in eo continetur misprisio." 2 R. 3. 10. Both principal
and accessary, therefore, may be proceeded against in any case, either for
felony or misprision, at the Common law. Capital cases not being mentioned
here, accessaries to them will of course be triable for misprisions, if the
offender flies.
(2) E. 1. c. 12. (3) Whether the judgment of penance lay at Common law. See 2
Inst. 178. 2 H. P. C. 321. 4 Bl. 322. It was given on standing mute; but on
challenging more than the legal number whether that sentence, or sentence of
death is to be given, seems doubtful. 2 H. P. C. 316. Quaere, whether it would
not be better to consider the supernumerary challenge as merely void, and to
proceed in the trial? Quaere too, in case of silence? (4) "Cum Clericus sic de
crimine convictus degradetur non sequitur alia poena pro uno delicto, vel
pluribus ante degradationem perpetratis. Satis enim sufficit ei pro poena
degradatio, quae est magna capitis diminutio, nisi forte convictus fuerit de
apostatia quia hinc primo degradetur, et postea per manum laicalem comburetur,
secundum quod accidit in concilio Oxoni celebrato a bonae memoriae S.
Cantuanen. Archiepiscopo de quodam diacono, qui se apostatavit pro-
238 Jefferson's Works
No attainder shall work corruption of blood in any case. In all cases of
forfeiture, the widow's dower shall be saved to her, during her title thereto;
after which
quadam Judaea; qui cum esset per episcopum degradatus, statim fuit igni
traditus per manum laicalem." Bract. L. 3. c. 9. º 2. " Et mesme cel jugement
(I. e. qui ils soient ars) eyent sorcers et sorceresses et sodomites et
mescreauntz apertement atteyntz." Britt. c. 9. "Christiani autem Apostatae,
sortileg€, et hujusmodi detractari debent et comburi." Fleta, L. 1. c. 37. º 2.
see 3. Inst. 39. 12. Rep. 92. 1. H. P. C. 393. The extent of the clerical
privilege at the Common law. 1. As to the crimes, seems very obscure and
uncertain. It extended to no case where the judgment was not of life, or limb.
NOTE in 2. H. P. C. 326. This therefore excluded it in trespass, petty larceny,
or killing se defendendo. In high treason against the person of the King, it
seems not to have been allowed. NOTE 1. H. p. C. 185. Treasons, therefore, not
against the King's person immediately, petty treasons and felonies, seem to
have been the cases where it was allowed; and even of those, not for insidiatio
varium, depopulatio agrorum, or combustio domorum. The statute de Clero, 25. E.
3. st. 3. c. 4. settled the law on this head. 2. As to the persons, it extended
to all clerks, always, and toties quoties. 2. H. P. C. 374€ To nuns also. Fitz.
Abr. Corone. 461.22. E. 3. The clerical habit and tonsure were considered as
evidence of the person being clerical. 26. Assiz. 19. 20. E. 2. Fitz. Corone.
233. By the 9. E. 4. 28. b. 34. H. 6. 49 a. b. simple reading became the
evidence. This extended impunity to a great number of laymen, and toties
quoties. The stat. 4. H. 7. c.13. directed that real clerks should, upon a
second arraignment, produce their orders, and all others to be burnt in the
hand with M. or T. on the first allowance of clergy, and not to be admitted to
it a second time. A heretic, Jew, or Turk (as being incapable of orders) could
not have clergy. 11. Co. Rep. 29 b. But a Greek, or other alien, reading in a
book of his own country, might. Bro. Clergie. 20. So a blind man, if he could
speak Latin. Ib. 21. qu. 11. Rep. 29. b. The orders entitling the party, were
bishops, priests, deacons and subdeacons, the inferior being reckoned Clerici
in minoribus. 2. H. P. C. 373. Quaere, however, if this distinction is not
founded on the stat. 23. H. 8. c. 1. 25. H. 8. c. 32? By merely dropping all
the statutes, it should seem that none but clerks would be entitled to this
privilege, and that they would, toties quoties.
Appendix 239
it shall be disposed of as if no such saving had been. The aid of Counsel,(1)
and examination of their witnesses on oath, shall be allowed to defendants in
criminal prosecutions. Slaves guilty of any offence(2) punishable in others by
labor in the public works, shall be transported to such parts in the West
Indies, South America, or Africa, as the Governor shall direct, there to be
continued in slavery.
[NOTE F.]
Notes on the Establishment of a Money Unit, and of a Coinage for the United
States.
In fixing the Unit of Money, these circumstances are of principal importance.
I. That it be of convenient size to be applied as a measure to the common money
transactions of life. II. That its parts and multiples be in an easy proportion
to each other, so as to facilitate the money arithmetic. III. That the Unit and
its parts, or divisions, be so nearly of the value of some of the known coins,
as that they may be of easy adoption for the people. The Spanish Dollar seems
to fulfil all these conditions.
(1) 1. Ann. c. 9. (2) Manslaughter, counterfeiting, arson, asportation of
vessels, robbery, burglary, house-breaking, horse-stealing, larceny.
240 Jefferson's Works
I. Taking into our view all money transactions, great and small, I question if
a common measure of more convenient size than the Dollar could be proposed. The
value of 100, 1000, 10,000 dollars is well estimated by the mind; so is that of
the tenth or the hundredth of a dollar. Few transactions are above or below
these limits. The expediency of attending to the size of the money Unit will be
evident, to any one who will consider how inconvenient it would be to a
manufacturer or merchant, if, instead of the yard for measuring cloth, either
the inch or the mile had been made the Unit of Measure. II. The most easy ratio
of multiplication and division, is that by ten. Every one knows the facility of
Decimal Arithmetic. Every one remembers, that, when learning Money-Arithmetic,
he used to be puzzled with adding the farthings, taking out the fours and
carrying them on; adding the pence, taking out the twelves and carrying them
on; adding the shillings, taking out the twenties and carrying them on; but
when he came to the pounds, where he had only tens to carry forward, it was
easy and free from error. The bulk of mankind are schoolboys through life.
These little perplexities are always great to them. And even mathematical heads
feel the relief of an easier, substituted for a more difficult process.
Foreigners, too, who trade and travel among us, will find a great facility in
understanding our coins and accounts from this
Appendix 24I
ratio of subdivision. Those who have had occasion to convert the livres, sols,
and deniers of the French; the gilders, stivers, and frenings of the Dutch; the
pounds, shillings, pence, and farthings of these several States, into each
other, can judge how much they would have been aided, had their several
subdivisions been in a decimal ratio. Certainly, in all cases, where we are
free to choose between easy and difficult modes of operation, it is most
rational to choose the easy. The Financier, therefore, in his report, well
proposes that our Coins should be in decimal proportions to one another. If we
adopt the Dollar for our Unit, we should strike four coins, one of gold, two of
silver, and one of copper, viz : 1. A golden piece, equal in value to ten
dollars : 2. The Unit or Dollar itself, of silver: 3. The tenth of a Dollar, of
silver also : 4. The hundredth of a Dollar, of copper. Compare the arithmetical
operations, on the same sum of money expressed in this form; and expressed in
the pound sterling and its division.
£ s. d. qrs. Dollars. £ s. d. qrs.
Dollars.
Addition. 8 13 11 1-2 = 38.65 Subtraction. 8 13 11 1-2 =38.65
4 12 8 3-4=20:6l 4 12 8
3-4=20.61
13 6 8 1-4=59.26 4 1 2
3-4=18.04
Multiplication by 8. Division by 8.
£ s . d. qrs. Dollars. £ s . d. qrs.
Dollars.
8 13 11 1-2 =38.65 8 13 11 1-2 =8)
38.65
20 8 20
4.83
173 $309.20 173
12 12
2087 2087
VOL.. 1-16
242 Jefferson's Works
4 4
8350 8)8350
8 4)1043
4)66.800 12) 260 3-4
12)l6700 20) 21 8 3-4
20) 1391 8 £1 1 8 3-4
£ 69 11 8
A bare inspection of the above operations will evince the labor which is
occasioned by subdividing the Unit into 20ths, 240ths, and 960ths, as the
English do, and as we have done ; and the ease of subdivision in a decimal
ratio. The same difference arises in making payment. An Englishman, to pay £8,
13s. 11d. 1-2 qrs., must find, by calculation, what combination of the coins of
his country will pay this sum ; but an American, having the same sum to pay,
thus expressed $38.65, will know, by inspection only, that three golden pieces,
eight units or dollars six tenths, and five coppers, pay it precisely. III. The
third condition required is, that the Unit, its multiples, and subdivisions,
coincide in value with some of the known coins so nearly, that the people may,
by a quick reference in the mind, estimate their value. If this be not attended
to, they will be very long in adopting the innovation, if ever they adopt it.
Let us examine, in this point of view, each of the four coins proposed. 1. The
golden piece will be 1-5 more than a half joe, and 1-15 more than a double
guinea. It will be readily estimated, then, by reference to either of them ;
but more readily and accurately as equal to ten dollars.
Appendix 243
2. The Unit, or Dollar, is a known coin, and the most familiar of all, to the
minds of the people. It is already adopted from South to North; has identified
our currency, and therefore happily offers itself as a Unit already introduced.
Our public debt, our requisitions, and their appointments, have given it actual
and long possession of the place of Unit. The course of our commerce, too, will
bring us mor e of this than of any other foreign coin, and therefore renders it
more worthy of attention. I know of no Unit which can be proposed in
competition with the Dollar, but the Pound. But what is the Pound? 1547 grains
of fine silver in Georgia; 1289 grains in Virginia, Connecticut, Rhode Island,
Massachusetts, and New Hampshire; 1031 1-4 grains in Maryland, Delaware,
Pennsylvania, and New Jersey; 966 3-4 grains in North Carolina and New York.
Which of these shall we adopt ? To which State give that pre-eminence of which
all are so jealous? And on which impose the difficulties of a new estimate of
their corn, their cattle, and other commodities? Or shall we hang the pound
sterling, as a common badge, about all their necks ? This contains 1718 3-4
grains of pure silver. It is difficult to familiarize a new coin to the people;
it is more difficult to familiarize them to a new coin with an old name.
Happily, the dollar is familiar to them all, and is already as much referred to
for a measure of value, as their respective provincial pounds. 3. The tenth
will be precisely the Spanish bit, or
244 Jefferson's Works
half pistareen. This is a coin perfectly familiar to us all. When we shall make
a new coin, then, equal in value to this, it will be of ready estimate with the
people. 4. The hundredth, or copper, will differ little from the copper of the
four Eastern States, which is 1-108 of a dollar; still less from the penny of
New York and North Carolina, which is 1-96 of a dollar; and somewhat more from
the penny or copper of Jersey, Pennsylvania, Delaware, and Maryland, which is
1-90 of a dollar. It will be about the medium between the old and the new
coppers of these States, and will therefore soon be substituted for them both.
In Virginia, coppers have never been in use. It will be as easy, therefore, to
introduce them there of one value as of another. The copper coin proposed will
be nearly equal to three-fourths of their penny, which is the same with the
penny lawful of the Eastern States. A great deal of small change is useful in a
State, and tends to reduce the price of small articles. Perhaps it would not be
amiss to coin three more pieces of silver, one of the value of five-tenths, or
half a dollar, one of the value of two-tenths, which would be equal to the
Spanish pistareen, and one of the value of five coppers, which would be equal
to the Spanish half-bit. We should then have five silver coins, viz.: 1. The
Unit or Dollar: 2. The half-dollar or five-tenths:
Appendix 245
3. The double tenth, equal to 2, or one-fifth of a dollar, or to the pistareen
: 4. The tenth, equal to a Spanish bit :
5. The five copper piece, equal to .5, or one- twentieth of a dollar, or the
half-bit. The plan reported by the Financier is worthy of his sound judgment.
It admits, however, of objection, in the size of the Unit. He proposes that
this shall be the 1440th part of a dollar: so that it will require 1440 of his
units to make the one before proposed. He was led to adopt this by a
mathematical attention to our old currencies, all oú which this Unit will
measure without leaving a fraction, But as our object is to get rid of those
currencies, the advantage derived from this coincidence will soon be past,
whereas the inconveniences of this Unit will forever remain, if they do not
altogether prevent its introduction. It is defective in two of the three
requisites oú a Money Unit. 1. It is inconvenient in its application to the
ordinary money transactions. 10, 000 dollars will require eight figures to
express them, to wit, 14,400,000 units. A horse or bullock of eighty dollars
value, will require a notation of six figures, to wit, 115,200 units. As a
money of account, this will be laborious, even when facilitated by the aid of
decimal arithmetic: as a common measure of the value of property, it will be
too minute to be comprehended by the people. The French are subjected to very
laborious calculations, the Livre being their ordinary money
246 Jefferson's Works
of account, and this but between 1-5th and 1-6th of a dollar; but what will be
our labors, should our money of account be 1-l440th of a dollar? 2. It is
neither equal, nor near to any of the known coins in value. If we determine
that a Dollar shall be our Unit, we must then say with precision what a Dollar
is. This coin, struck at different times, of different weights and fineness, is
of different values. Sir Isaac Newton's assay and representation to the Lords
of the Treasury, in 1717, of those which he examined, make their values as
follows:
dwts. grs.
The Seville piece of eight. . . 17-12 containing 387 grains of pure silver
The Mexico piece of eight . .17-10 5-9 " 385 1-2
The Pillar piece of eight. . . .17-9 " 385 3-4
The new Seville piece of eight 14- " 308 7-10
The Financier states the old dollar as containing 376 grains of fine silver,
and the new 365 grains. If the Dollars circulating among us be of every date
equally, we should examine the quantity of pure metal in each, and from them
form an average for our Unit. This is a work proper to be committed to
mathematicians as well as merchants, and which should be decided on actual and
accurate experiment. The quantum of alloy is also to be decided. Some is
necessary, to prevent the coin from wearing too fast; too much, fills our
pockets with copper, instead of silver. The silver coin assayed by Sir Isaac
Newton, varied from 1 1-2 to 76 pennyweights alloy, in
Appendix 247
the pound troy of mixed metal. The British standard has 18 dwt. ; the Spanish
coins assayed by Sir Isaac Newton, have from 18 to 19 1-2 dwt.; the new French
crown has in fact 19 1-2, though by edict, it should have 20 dwt., that is
1-12. The taste of our countrymen will require, that their furniture plate
should be as good as the British standard. Taste cannot be controlled by law.
Let it then give the law, in a point which is indifferent to a certain degree.
Let the Legislature fix the alloy of furniture plate at 18 dwt., the British
standard, and Congress that of their coin at one ounce in the pound, the French
standard. This proportion has been found convenient for the alloy of gold coin,
and it will simplify the system of ...our mint to alloy both metals in the same
degree. The coin, too, being the least pure, will be the less easily melted
into plate. These reasons are light, indeed, and, of course, will only weigh,
if no heavier ones can be opposed to them. The proportion between the values of
gold and silver is a mercantile problem altogether. It would be inaccurate to
fix it by the popular exchanges of a half Joe for eight dollars, a Louis for
four French crowns, or five Louis for twenty-three dollars. The first of these,
would be to adopt the Spanish proportion between gold and silver ; the second,
the French; the third, a mere popular barter, wherein convenience is consulted
more than accuracy. The legal proportion in Spain is 16 for 1; in England 15
1-2 for
248 Jefferson's Works
1; in France, 15 for 1. The Spaniards and English are found, in experience, to
retain an over-proportion of gold coins, and to lose their silver. The French
have a greater proportion of silver. The difference at market has been on the
decrease. The Financier states it at present, as at 14 1-2 for one. Just
principles will lead us to disregard legal proportions altogether; to enquire
into the market, price of gold, in the several countries with which we shall
principally be connected in commerce, and to take an average from them. Perhaps
we might, with safety, lean to a proportion somewhat above par for gold,
considering our neighborhood, and commerce with the sources of the coins, and
the tendency which the high price of gold in Spain has, to draw thither all
that of their mines, leaving silver principally for our and other markets. It
is not impossible that 15 for 1, may be found an eligible proportion. I state
it, however, as a conjecture only. As to the alloy for gold coin, the British
is an ounce in the pound; the French, Spanish, and Portuguese differ from that,
only from a quarter of a grain, to a grain and a half. I should, therefore,
prefer the British, merely because its fraction stands in a more simple form,
and facilitates the calculations into which it enters. Should the Unit be fixed
at 365 grains of pure silver, gold at 15 for 1, and the alloy of both be
one-twelfth, the weight of the coins, will be as follows:
Appendix 249
Grains.
Grains. dwt. Grains.
The Golden piece containing 242 1-3 of pure metal, 22.12 of alloy, will weigh
11--1.45
The Unit or Dollar . 365 . . . 33.18 . .
.16-14.18
The half dollar, or five
tenths . . . 182 1-2 . . . 16.59
. . . 8-7.09
The fifth, or Pistareen, 73 . . 6.63 . .
3-7.63
The tenth, or Bit, 36 1-2 . . . 3 318 .
. . 1-15.818
The twentieth, or half Bit, 18 1-4 . 1.659
19.9
The quantity of fine silver which shall constitute the Unit, being settled, and
the proportion of the value of gold to that of silver; a table should be formed
from the assay before suggested, classing the several foreign coins according
to their fineness, declaring the worth of a pennyweight or grain in each class,
and that they shall be lawful tenders at those rates, if not clipped or
otherwise diminished; and, where diminished, offering their value for them at
the mint, deducting the expense of re-coinage. Here the Legislatures should
co-operate with Congress, in providing that no money be received or paid at
their treasuries, or by any of their officers, or any bank, but on actual
weight ; in making it criminal, in a high degree, to diminish their own coins,
and, in some smaller degree, to offer them in payment when diminished. That
this subject may be properly prepared, and in readiness for Congress to take up
at their meeting in November, something must now be done. The present session
drawing to a close, they probably would not choose to enter f ar into this
undertaking themselves. The Committee of the States, however, during the
recess, will have time to digest it thoroughly, if Congress will fix some
general
250 Jefferson's Works
principles for their government. Suppose they be instructed, To appoint proper
persons to assay and examine, , with the utmost accuracy practicable, the
Spanish milled dollars of different dates, in circulation with us. To assay and
examine, in like manner, the fineness of all the other coins which may be found
in circulation within these States. To report to the Committee the result of
these assays, by them to be laid before Congress. To appoint, also, proper
persons to enquire what are the proportions between the values of fine gold,
and fine silver, at the markets of the several countries with which we are, or
probably may be, connected in commerce; and what would be a proper proportion
here, having regard to the average of their values at those markets, and to
other circumstances , and to report the same to the Committee, by them to be
laid before Congress. To prepare an Ordinance for establishing the Unit of
Money within these States; for subdividing it; and for striking coins of gold,
silver, and copper, on the following principles: That the Money Unit of these
States shall be equal in value to a Spanish milled dollar containing so much
fine silver as the assay, before directed, shall show to be contained, on an
average, in dollars of the several dates in circulation with us. That this Unit
shall be divided into tenths andhundredths; that there shall be a coin of
silver of the
Appendix 251
value of a Unit ; one other of the same metal, of the value of one-tenth of a
Unit ; one other of copper, of the value of the hundredth of a Unit. That there
shall be a coin of gold of the value of ten Units, according to the report
before directed, and the judgment of the Committee thereon. That the alloy of
the said coins of gold and silver, shall be equal in weight to one-eleventh
part of the fine metal. That there be proper devices for these coins, That
measures be proposed for preventing their diminution, and also their currency,
and that of any others, when diminished. That the several foreign coins be
described and classed in the said Ordinance, the fineness of each class stated,
and its value by weight estimated in Units and decimal parts of Units. And that
the said draught of an Ordinance be reported to Congress at their next meeting,
for their consideration and determination.
Supplementary Explanations.
The preceding notes having been submitted to the consideration of the
Financier, he favored me with his opinion and observations on them, which
render necessary the following supplementary explanations. I observed, in the
preceding notes, that the true proportion of value between gold and silver was
a mercantile problem altogether, and that, perhaps, fifteen for one, might be
found an eligible proportion.
252 Jefferson's Works
The Financier is so good as to inform me, that this would be higher than the
market would justify. Confident of his better information on this subject, I
recede from that idea.(1) He also informs me, that the several coins, in
circulation among us, have been already assayed with accuracy, and the result
published in a work on that subject. The assay of Sir Isaac Newton had
superseded, in my mind, the necessity of this operation as to the older coins,
which were the subject of his examination. This later work, with equal reason,
may be considered as saving the same trouble as to the latter coins. So far,
then, I accede to the opinions of the Financier. On the other hand, he seems to
concur with me; in thinking his smallest fractional division too minute for a
Unit, and, therefore, proposes to transfer that denomination to his largest
silver coin, containing 1000 of the units first proposed, and worth about 4.s.
2d. lawful, or 25-36 of a Dollar. The only question then remaining between us
is, whether the Dollar, or this coin, be best for the Unit. We both agree that
the ease of adoption with the people, is the thing to be aimed at.
(1) In a newspaper, which frequently gives good details in political economy, I
find, under the Hamburgh head, that the present market price of Gold and Silver
is, in England, 15.5 for 1: in Russia, 15: in Holland, 14.75: in Savoy, 14.6:
in France, 14.42: in Spain, 14.3: in Germany, 14.155: the average of which is
14.675 or 14 5-8. I would still incline to give a little more than the market
price for gold, because of its superior convenience in transportation.
Appendix 253
1. As to the Dollar, events have overtaken and superseded the question. It is
no longer a doubt whether the people can adopt it with ease ; they have adopted
it, and will have to be turned out of that, into another tract of calculation,
if another Unit be assumed. They have now two Units, which they use with equal
facility, viz., the Pound of their respective State, and the Dollar. The first
of these is peculiar to each State : the second, happily, common to all. In
each State, the people have an easy rule of converting the pound of their State
into dollars, or dollars into pounds; and this is enough for them, without
knowing how this may be done in every State of the Union. Such of them as live
near enough the borders of their State to have dealings with their neighbors,
learn also the rule of their neighbors : thus, in Virginia and the Eastern
States, where the dollar is 6s. or 3-10 of a pound, to turn pounds into
dollars; they multiply by 10 and divide by 3. To turn dollars into pounds, they
multiply by 3, and divide by 10. Those in Virginia who live near to Carolina,
where the dollar is 8s. or 4-10 of a pound, learn the operation of that State,
which is a multiplication by 4, and division by 10, et e converso. Those who
live near Maryland, where the dollar is 7s. 6d. or 3-8 of a pound, multiply by
3, and divide by 8, et e converso. All these operations are easy, and have been
found, by experience, not too much for the arithmetic of the people, when they
have occasion to convert their old Unit into dollars, or the reverse.
254 Jefferson's Works
2. As to the Unit of the Financier; in the States where the dollar is 3-10 of a
pound, this Unit will be 5-24. Its conversion into the pound then, will be by a
multiplication of 5, and a division by 24. In the States where the dollar is
3-8 of a pound, this Unit will be 25-96 of a pound, and the operation must be
to multiply by 2 5, and divide by 96, et e converso. Where the dollar is 4-10
of a pound, this Unit will be 5-18. The simplicity of the fraction, and of
course the facility of conversion and reconversion, is therefore against this
Unit, and in favor of the dollar, in every instance. The only advantage it has
over the dollar, is that it will in every case express our farthing without a
remainder; whereas, though the dollar and its decimals will do this in many
cases, it will not in all. But, even in these, by extending your notation one
figure further, to wit, to thousands, you approximate to perfect accuracy
within less than the twothousandth part of a dollar ; an atom in money which
every one would neglect. Against this single inconvenience, the other
advantages of the dollar are more than sufficient to preponderate. This Unit
will present to the people a new coin, and whether they endeavor to estimate
its value by comparing it with a Pound, or with a Dollar, the Units they now
possess, they will find the fraction very compound, and of course less
accommodated to their comprehension and habits than the dollar. Indeed the
probability is, that they could never be led to compute in it generally.
Appendix 255
The Financier supposes that the 1-100 part of a dollar is not sufficiently
small, where the poor are purchasers or vendors. If it is not, make a smaller
coin. But I suspect that it is small enough. Let us examine facts, in countries
where we are acquainted with them. In Virginia, where our towns are few, small,
and of course their demand for necessaries very limited, we have never yet been
able to introduce a copper coin at all. The smallest coin which anybody will
receive there, is the half-bit, or 1-20 of a dollar. In those States where the
towns are larger and more populous, a more habitual barter of small wants, has
called for a copper coin of 1-90, 1-96, or 1-108 of a dollar. In England, where
the towns are many and populous, and where ages of experience have matured the
conveniences of intercourse, they have found that some wants may be supplied
for a farthing, or 1-208 of a dollar, and they have accommodated a coin to this
want. This business is evidently progressive. In Virginia, we are far behind.
In some other States, they are further advanced, to wit, to the appreciation of
1-90,1-96,1-108 of a dollar. To this most advanced state, then, I accommodated
my smallest coin in the decimal arrangement, as a money of payment,
corresponding with the money of account. I have no doubt the time will come
when a smaller coin will be called for. When that comes, let it be made. It
will probably be the half of the copper I suppose, that is to say, 5-1000 or
.005 of a dollar, this being
256 Jefferson's Works
very nearly the farthing of England. But it will be time enough to make it,
when the people shall be ready to receive it. My proposition then, is, that our
notation of money shall be decimal, descending ad libitum of the person noting;
that the Unit of this notation shall be a Dollar; that coins shall be
accommodated to it from ten dollars to the hundredth of a dollar; and that, to
set this on foot, the resolutions be adopted which were proposed in the notes,
only substituting an enquiry into the fineness of the coins in lieu of an assay
of them.
[NOTE G.] I have sometimes asked myself, whether my country is the better for
my having lived at all ? I do not know that it is. I have been the instrument
of doing the following things; but they would have been done by others; some of
them, perhaps, a little better. The Rivanna had never been used for navigation;
scarcely an empty canoe had ever passed down it. Soon after I came of age, I
examined its obstructions, set on foot a subscription for removing them, got an
Act of Assembly passed, and the thing effected, so as to be used completely and
fully for carrying down all our produce. The Declaration of Independence. I
proposed the demolition of the church establishment, and the freedom of
religion. It could only
Appendix 257
be done by degrees; to wit, the Act of 1776, c. 2. exempted dissenters from
contributions to the Church, and left the Church clergy to be supported by
voluntary contributions of their own sect ; was continued from year to year,
and made perpetual 1779, c. 36. I prepared the act for religious freedom in
1777, as part of the revisal, which was not reported to the Assembly till 1779,
and that particular law not passed till 1785, and then by the efforts of Mr.
Madison. The act putting an end to entails. The act prohibiting the importation
of slaves. The act concerning citizens, and establishing the natural right of
man to expatriate himself, at will. The act changing the course of descents,
and giving the inheritance to all the children, &c., equally, I drew as part of
the revisal. The act for apportioning crimes and punishments, part of the same
work, I drew. When proposed to the legislature, by Mr. Madison, in 1785, it
failed by a single vote. G. K. Taylor afterwards, in 1796, proposed the same
subject; avoiding the adoption of any part of the diction of mine, the text of
which had been studiously drawn in the technical terms of the law, so as to
give no occasion for new questions by new expressions. When I drew mine, public
labor was thought the best punishment to be substituted for death. But, while I
was in France, I heard of a society in England, who had successfully introduced
solitary confinement, and saw the draw
VOL.. 1-17
258 Jefferson's Works
ing of a prison at Lyons, in France, formed on the idea of solitary
confinement. And, being applied to by the Governor of Virginia for the plan of
a Capitol and Prison, I sent him the Lyons plan, accompanying it with a drawing
on a smaller scale, better adapted to our use. This was in June, 1786. Mr.
Taylor very judiciously adopted this idea, (which had now been acted on in
Philadelphia, probably from the English model) and substituted labor in
confinement, , to the public labor proposed by the Committee of revisal; which
themselves would have done, had they been to act on the subject again. The
public mind was ripe for this in 1796, when Mr. Taylor proposed it, and ripened
chiefly by the experiment in Philadelphia; whereas, in 1785, when it had been
proposed to our Assembly, they were not quite ripe for it. In 1789 and 1790, I
had a great number of olive plants, of the best kind, sent from Marseilles to
Charleston, for South Carolina and Georgia. They were planted, and are
flourishing; and, though not yet multiplied, they will be the germ of that
cultivation in those States. In l790, I got a cask of heavy upland rice, from
the river Denbigh, in Africa, about lat. 9 degree 3o' North, which I sent to
Charleston, in hopes it might supersede the culture of the wet rice, which
renders South Carolina and Georgia so pestilential through the summer. It was
divided, and a part sent to Georgia. I know not whether it has been attended to
in South
Appendix 259
Carolina; but it has spread in the upper parts of Georgia, so as to have become
almost general, and is highly prized. Perhaps it may answer in Tennessee and
Kentucky. The greatest service which can be rendered any country is, to add an
useful plant to its culture ; especially, a bread grain; next in value to bread
is oil. Whether the act for the more general diffusion of knowledge will ever
be carried into complete effect, I know not. It was received by the legislature
with great enthusiasm at first; and a small effort was made in 1796, by the act
to establish public schools, to carry a part of it into effect, viz., that for
the establishment of free English schools; but the option given to the courts
has defeated the intention of the act.(1)
[NOTE H.]
NEW YORK, October 13, 1789.
SIR, In the selection of characters to fill the important offices of
Government, in the United States, I was naturally led to contemplate the
talents and dispositions which I knew you to possess and entertain for the
service of your country ; and without being
[ (1) It appears, from a blank space at the bottom of this paper, that a
continuation had been intended. Indeed, from the loose manner in which the
above notes are written, it may be inferred, that they were originally intended
as memoranda only, to be used in some more permanent form.]
260 Jefferson's Works
able to consult your inclination, or to derive any knowledge of your intention
from your letters, either to myself or to any other of your friends, I was
determined, as well by motives of private regard, as a conviction of public
propriety, to nominate you for the Department of State, which, under its
present organization, involves many of the most interesting objects of the
Executive authority. But grateful as your acceptance of this commission would
be to me, I am, at the same time, desirous to accommodate your wishes, and I
have, therefore, forborne to nominate your successor at the court of
Versailles, until I should be informed of your determination. Being on the eve
of a journey through the Eastern States, with a view to observe the situation
of the country, and. in a hope of perfectly re-establishing my health, which a
series of indispositions has much impaired, I have deemed it proper to make
this communication of your appointment, in order that you might lose no time,
should it be your wish to visit Virginia during the recess of Congress, which
will probably be the most convenient season, both as it may respect your
private concerns and the public service. Unwilling, as I am, to interfere in
the direction of your choice of assistants, I shall only take the liberty of
observing to you, that from warm recommendations which I have received in
behalf of Roger Alden, Esq., assistant Secretary to the late Congress, I have
placed all the papers thereunto belonging,
Appendix 261
under his care. Those papers which more properly appertain to the office of
Foreign Affairs, are under the superintendence of Mr. Jay, who has been so
obliging as to continue his good offices, and they are in the immediate charge
of Mr. Remsen.
With sentiments of very great esteem and regard, I have the honor to be, sir,
Your most obedient servant,
GEORGE WASHINGTON.
The Honorable Thomas Jefferson.
I take this occasion to acknowledge the receipt of your several favors, of the
4th and 5th of December of the last, and l0th of May of the present year, and
to thank you for the communications therein.
G. W.
NEW YORK, November 30, 1789.
DEAR SIR, You will perceive by the enclosed letter, (which was left for you at
the office of Foreign Affairs, when I made a journey to the Eastern States,)
the motives on which I acted with regard to yourself, and the occasion of my
explaining them at that early period. Having now reason to hope, from Mr.
Trumbull's report, that you will be arrived at Norfolk before this time, (on
which event I would most cordially congratulate you,) and having a safe
conveyance by Mr. Griffin, I forward your commission to Virginia; with a
request to be made acquainted with your
262 Jefferson's Works
sentiments as soon as you shall find it convenient to communicate them to me.
With sentiments of very great esteem and regard, I am, dear sir, Your most
obedient humble servant, GEORGE WASHINGTON. The Honorable Thomas Jefferson.
THE ANAS.
INTRODUCTORY NOTE.
The " three volumes bound in marbled paper," to which the introductory "
Explanation " refers, contain the celebrated "Anas," up to the time of
Jefferson's retirement from the Secretaryship of State on January 1st, 1794.
Some of his friends have regretted that they were ever published. However that
may be, they have been published, and it was manifestly the purpose of Mr.
Jefferson that they should be. Late in life, "when the passions of the times
had passed away," he carefully revised them for publication. "At this day," he
says "after the lapse of twenty-five years, or more, from their dates, I have
given to the whole a calm revisal, when the passions of the times are passed
away, and the reasons of the transactions act alone upon the judgment. Some of
the informations I had recorded, are now cut out from the rest, because I have
seen that they were incorrect, or doubtful, or merely personal or private, with
which we have nothing to do. I should, perhaps, not have thought the rest worth
preserving, but for their testimony against the only history of that period,
which pretends to have been compiled from authentic and unpublished documents."
Considering these circumstances, these three volumes of the "Anas" ought not to
be excluded from a publication professing to be a complete edition of the
Writings of Thomas Jefferson. They are accordingly inserted in the form in
which he left them after his last revisal. The supplementary portion of the
"Anas," omitted from the Congressional Edition published in l853, extends from
1797 to 1808 covering many interesting events of Jefferson's first and second
Administrations, while President of the United States.
(264)
THE ANAS.
EXPLANATION OF THE THREE VOLUMES BOUND IN MARBLED PAPER.
IN these three volumes will be found copies of the official opinions(1) given
in writing by me to General Washington, while I was Secretary of State, with
sometimes the documents belonging to the case. Some of these are the rough
draughts, some press copies, some fair ones. In the earlier part of my acting
in that office, I took no other NOTE of the passing transactions; but after
awhile, I saw the importance of doing it in aid of my memory. Very often,
therefore, I made memorandums on loose scraps of paper, taken out of my pocket
in the moment, and laid by to be copied f air at leisure, which, however, they
hardly ever were. These scraps, therefore, ragged, rubbed, and scribbled as
they were, I had bound with the others by a binder who came into my cabinet,
did it under my own eye, and without the opportunity of reading a single paper.
At this day, after the lapse of twenty-five
_______________
(1) The opinions here alluded to will be found in the Official Papers of
Jefferson. (265)
266 Jefferson's Works
years, or more, from their dates, I have given to the whole a calm revisal,
when the passions of the time are passed away, and the reasons of the
transactions act alone on the judgment. Some of the informations I had
recorded, are now cut out from the rest, because I have seen that they were
incorrect, or doubtful, or merely personal or private, with which we have
nothing to do. I should perhaps have thought the rest not worth preserving, but
for their testimony against the only history of that period, which pretends to
have been compiled from authentic and unpublished documents. * * * * * * * But
a short review of facts * * * will show, that the contests of that day were
contests of principle, between the advocates of republican, and those oú kingly
government, and that had not the former made the efforts they did, our
government would have been, even at this early day, a very different thing from
what the successful issue of those efforts have made it. The alliance between
the States under the old Articles of Confederation, for the purpose of joint
defence against the aggression of Great Britain, was found insufficient, as
treaties of alliance generally are, to enforce compliance with their mutual
stipulations; and these, once fulfilled, that bond was to expire of itself, and
each State to become sovereign and independent in all things. Yet it could not
but occur to every one, that these separate independ-
The Anas 267
envies, like the petty States of Greece, would be eternally at war with each
other, and would become at length the mere partisans and satellites of the
leading powers of Europe. All then must have looked forward to some further
bond of union, which would insure eternal peace, and a political system of our
own, independent of that of Europe. Whether all should be consolidated into a
single government, or each remain independent as to internal matters, and the
whole form a single nation as to what was foreign only, and whether that
national government should be a monarchy or republic, would oú course divide
opinions, according to the constitutions, the habits, and the circumstances of
each individual. Some officers oú the army; as it has always been said and
believed, (and Steuben and Knox have ever been named as the leading agents,)
trained to monarchy by military habits, are understood to have proposed to
General Washington to decide this great question by the army before its
disbandment, and to assume himself the crown on the assurance of their support.
The indignation with which he is said to have scouted this parricide
proposition was equally worthy of his virtue and wisdom. The next effort was,
(on suggestion of the same individuals, in the moment of their separation,) the
establishment of an hereditary order under the name of the Cincinnati, ready
prepared by that distinction to be ingrafted into the future frame of
government, and placing General Washington still at their head.
268 Jefferson's Works
The General wrote to me on this subject, while I was in Congress at Annapolis,
and an extract from my letter is inserted in 5th Marshall's history, page 28.
He afterwards called on me at that place on his way to a meeting of the
society, and after a whole evening of consultation, he left that place fully
determined to use all his endeavors for its total suppression. But he found it
so firmly riveted in the affections of the members, that, strengthened as they
happened to be by an adventitious occurrence of the moment, he could effect no
more than the abolition of its hereditary principle. He called again on his
return, and explained to me fully the opposition which had been made, the
effect of the occurrence from France, and the difficulty with which its
duration had been limited to the lives of the present members. . Further
details will be found among my papers, in his and my letters, and some in the
Encyclopedia Methodique et Dictionnaire d'Economie Politique, communicated by
myself to M. Meusnier its author, who had made the establishment of this
society the ground, in that work, of a libel on our country. The want of some
authority which should procure justice to the public creditors, and an
observance of treaties with foreign nations, produced, some time after, the
call of a convention of the States at Annapolis. Although, at this meeting, a
difference of opinion was evident on the question of a republican or kingly
government, yet, so general through
The Anas 269
the States was the sentiment in favor of the former, that the friends of the
latter confined themselves to a course of obstruction only, and delay, to
everything proposed ; they hoped, that nothing being done, and all things going
from bad to worse, a kingly government might be usurped, and submitted to by
the people, as better than anarchy and wars internal and external, the certain
consequences of the present want of a general government. The effect of their
maneuvres, with the defective attendance of Deputies from the States, resulted
in the measure of calling a more general convention, to be held at
Philadelphia. At this, the same party exhibited the same practices, and with
the same views of preventing a government of concord, which they foresaw would
be republican, and of forcing through anarchy their way to monarchy. But the
mass of that convention was too honest, too wise, and too steady, to be baffled
and misled by their manoeuvres. One of these was a form of government proposed
by Colonel Hamilton, which would have been in fact a compromise between the two
parties of royalism and republicanism. According to this, the executive and one
branch of the legislature were to be during good behavior, I. e. for life, and
the governors of the States were to be named by these two permanent organs.
This, however, was rejected; on which Hamilton left the convention, as
desperate, and never returned again until near its final conclusion. These
opinions and efforts, secret or avowed, of the
270 Jefferson's Works
advocates for monarchy, had begotten great jealousy through the States
generally; and this jealousy it was which excited the strong opposition to the
conventional constitution; a jealousy which yielded at last only to a general
determination to establish certain amendments as barriers against a government
either monarchical or consolidated. In what passed through the whole period of
these conventions, I have gone on the information of those who were members of
them, being absent myself on my mission to France. I returned from that mission
in the first year of the new government, having landed in Virginia in December,
1789, and proceeded to New York in March, l790, to enter on the office of
Secretary of State. Here, certainly, I found a state of things which, of all I
had ever contemplated, I the least expected. I had left France in the first
year of her revolution, in the fervor of natural rights, and zeal for
reformation. My conscientious devotion to these rights could not be heightened,
but it had been aroused and excited by daily exercise. The President received
me cordially, and my colleagues and the circle of principal citizens apparently
with welcome. The courtesies of dinner parties given me, as a stranger newly
arrived among them, placed me at once in their familiar society. But I cannot
describe the wonder and mortification with which the table conversations filled
me. Politics were the chief topic, and a preference of kingly over republi-
The Anas 271
can government was evidently the favorite sentiment. An apostate I could not
be, nor yet a hypocrite; and I found myself, for the most part, the only
advocate on the republican side of the question, unless among the guests there
chanced to be some member of that party from the legislative Houses. Hamilton's
financial system had then passed. It had two objects ; 1st, as a puzzle, to
exclude popular understanding and inquiry; 2d, as a machine for the corruption
of the legislature; for he avowed the opinion, that man could be governed by
one of two motives only, force or interest; force, he observed, in this country
was out of the question, and the interests, therefore, oú the members must be
laid hold of, to keep the legislative in unison with the executive. And with
grief and shame it must be acknowledged that his machine was not without effect
; that even in this, the birth of our government, some members were found
sordid enough to bend their duty to their interests, and to look after personal
rather than public good. It is well known that during the war the greatest
difficulty we encountered was the want of money or' means to pay our soldiers
who fought, or our farmers, manufacturers and merchants, who furnished the
necessary supplies of food and clothing for them. After the expedient of paper
money had exhausted itself, certificates of debt were given to the individual
creditors, with assurance .of payment so soon as the United States should be
able. But the distresses oú
272 Jefferson's Works
these people often obliged them to part with these for the half, the fifth, and
even a tenth of their value; and speculators had made a trade of cozening them
from the holders by the most fraudulent practices, and persuasions that they
would never be paid. In the bill for funding and paying these, Hamilton made no
difference between the original holders and the fraudulent purchasers of this
paper. Great and just repugnance arose at putting these two classes of
creditors on the same footing, and great exertions were used to pay the former
the full value, and to the latter, the price only which they had paid, with
interest. But this would have prevented the game which was to be played, and
for which the minds of greedy members were already tutored and prepared. When
the trial of strength on these several efforts had indicated the form in which
the bill would finally pass, this being known within doors sooner than without,
and especially, than to those who were in distant parts of the Union, the base
scramble began. Couriers and relay horses by land, and swift sailing pilot
boats by sea, were flying in all directions. Active partners and agents were
associated and employed in every State, town, and country neighborhood, and
this paper was bought up at five shillings, and even as low as two shillings in
the pound, before the holder knew that Congress had already provided for its
redemption at par. Immense sums were thus filched from the poor and ignorant,
and fortunes accumulated by those who had them
The Anas 273
selves been poor enough before. Men thus enriched by the dexterity of a leader,
would follow of course the chief who was leading them to fortune, and become
the zealous instruments of all his enterprises. This game was over, and another
was on the carpet at the moment of my arrival ; and to this I was most
ignorantly and innocently made to hold the candle. This fiscal manoeuvre is
well known by the name of the Assumption. Independently of the debts of
Congress, the States had during the war contracted separate and heavy debts ;
and Massachusetts particularly, in an absurd attempt, absurdly conducted, on
the British post of Penobscot : and the more debt Hamilton could rake up, the
more plunder for his mercenaries. This money, whether wisely or foolishly
spent, was pretended to have been spent for general purposes, and ought,
therefore, to be paid from the general purse. But it was objected, that nobody
knew what these debts were, what their amount, or what their proofs. No matter;
we will guess them to be twenty millions. But of these twenty millions, we do
not know how much should be reimbursed to one State, or how much to another. No
matter; we will guess. And so another scramble was set on foot among the
several States, and some got much, some little, some nothing. But the main
object was obtained, the phalanx of the Treasury was reinforced by additional
recruits. This measure produced the most bitter and angry contest ever known in
Congress,
VOL.. 1-18
274 Jefferson's Works
before or since the Union of the States. I arrived in the midst of it. But a
stranger to the ground, a stranger to the actors on it, so long absent as to
have lost all familiarity with the subject, and as yet unaware of its object, I
took no concern in it. The great and trying question, however, was lost in the
House of Representatives. So high were the feuds excited by this subject, that
on its rejection business was suspended. Congress met and adjourned from day to
day without doing anything, the parties being too much out of temper to do
business together. The eastern members particularly, who, with Smith from South
Carolina, were the principal gamblers in these scenes, threatened a secession
and dissolution. Hamilton was in despair. As I was going to the President's one
day, I met him in the street. He walked me backwards and forwards before the
President's door for half an hour. He painted pathetically the temper into
which the legislature had been wrought; the disgust of those who were called
the creditor States ; the danger of the secession of their members, and the
separation of the States. He observed that the members of the administration
ought to act in concert; that though this question was not of my department,
yet a common duty should make it a common concern; that the President was the
centre on which all administrative questions ultimately rested, and that all of
us should rally around him, and support, with joint efforts, measures approved
by him ; and that the
The Anas 275
question having been lost by a small majority only, it was probable that an
appeal from me to the judgment and discretion of some of my friends, might
effect a change in the vote, and the machine of government, now suspended,
might be again set into. motion. I told him that I was really a stranger to the
whole subject; that not having yet informed myself of the system of finances
adopted, I knew not how far this was a necessary sequence ; that undoubtedly,
if its rejection endangered a dissolution of our Union at this incipient stage,
I should deem that the most unfortunate of all consequences, to avert which all
partial and temporary evils should be yielded. I proposed to him, however, to
dine with me the next day, and I would invite another friend or two, bring them
into conference together, and I thought it impossible that reasonable men,
consulting together coolly, could fail, by some mutual sacrifices of opinion,
to form a compromise which was to save the Union. The discussion took place. I
could take no part in it but an exhortatory one, because I was a stranger to
the circumstances which should govern it. But it was finally agreed, that
whatever importance had been attached to the rejection of this proposition, the
preservation of the Union and of concord among the States was more important,
and that therefore it would be better that the vote of rejection should be
rescinded, to effect which, some members should change their votes. But it was
observed that this
276 Jefferson's Works
pill would be peculiarly bitter to the southern States, and that some
concomitant measure should be adopted, to sweeten it a little to them. There
had before been propositions to fix the seat of government either at
Philadelphia,. or at Georgetown on the Potomac; and it was thought that by
giving it to Philadelphia for ten years, and to Georgetown permanently
afterwards, this might, as an anodyne, calm in some degree the ferment which
might be excited by the other measure alone. So two of the Potomac members
(White and Lee, but White with a revulsion of stomach almost convulsive,)
agreed to change their votes, and Hamilton undertook to carry the other point.
In doing this, the influence he had established over the eastern members, with
the agency of Robert Morris with those of the middle States, effected. his side
of the engagement ; and so the Assumption was passed, and twenty millions of
stock divided among favored States, and thrown in as a pabulum to the
stock-jobbing herd. This added to the number of votaries to the Treasury, and
made its chief the master of every vote in the legislature, which might give to
the government the direction suited to his political views. I know well, and so
must be understood, that nothing like a majority in Congress had yielded to
this corruption. Far from it. But a division, not very unequal, had already
taken place in the honest part of that body; between the parties styled
republican and federal. The latter being monarchists in
The Anas 277
principle, adhered to Hamilton of course, as their leader in that principle,
and this mercenary phalanx added to them, insured him always a majority in both
Houses : so that the whole action of legislature was now under the direction of
the Treasury. Still the machine was not complete. The effect of the funding
system, and of the Assumption, would be temporary; it would be lost with the
loss of the individual members whom it has enriched, and some engine of
influence more permanent must be contrived, while these myrmidons were yet in
place to carry it through all opposition. This engine was the Bank of the
United State's. All that history is known, so I shall say nothing about it.
While the government remained at Philadelphia, a selection of members of both
Houses were constantly kept as directors who, on every question interesting to
that institution, or to the views of the federal head, voted at the will of
that head ; and, together with the stock-holding members, could always make the
federal vote that of the majority. By this combination, legislative expositions
were given to the constitution, and all the administrative laws were shaped on
the model of England, and so passed. And from this influence we were not
relieved, until the removal from the precincts of the bank, to Washington. Here
then was the real ground of the opposition which was made to the course of
administration. Its object was to preserve the legislature pure and
278 Jefferson's Works
independent of the executive, to restrain the administration to republican
forms and principles, and not permit the constitution to be construed into a
monarchy, and to be warped, in practice, into all the principles and pollutions
of their favorite English model. Nor was this an opposition to General
Washington. He was true to the republican charge confided to him; and has
solemnly and repeatedly protested to me, in our conversations, that he would
lose the last drop of his blood in support of it; and he did this the oftener
and with the more earnestness, because he knew my suspicions of Hamilton's
designs against it, and wished to quiet them. For he was not aware of the
drift, or of the effect of Hamilton's schemes. Unversed in financial projects
and calculations and budgets, his approbation of them was bottomed on his
confidence in the man. But Hamilton was not only a monarchist, but for a
monarchy bottomed on corruption. In proof of this, I will relate an anecdote,
for the truth of which I attest the God who made me. Before the President set
out on his southern tour in April, 1791, he addressed a letter of the fourth of
that month, from Mount Vernon, to the Secretaries of State, Treasury and War,
desiring that if any serious and important cases should arise during his
absence, they would consult and act on them. And he requested that the Vice
President should also be consulted. This was the only occasion on which that
officer was ever requested to take part in a cabinet question. Some
The Anas 279
occasion for consultation arising, I invited those gentlemen (and the Attorney
General, as well as I remember,) to dine with me, in order to confer on the
subject. After the cloth was removed, and our question agreed and dismissed,
conversation began on other matters, and by some circumstance, was led to the
British constitution, on which Mr. Adams observed, " purge that constitution of
its corruption, and give to its popular branch equality of representation, and
it would be the most perfect constitution ever devised by the wit of man."
Hamilton paused and said," purge it of its corruption, and give to its popular
branch equality of representation, and it would become an impracticable
government: as it stands at present, with all its supposed defects, it is the
most perfect government which ever existed. " And this was assuredly the exact
line which separated the political creeds of these two gentlemen. The one was
for two hereditary branches and an honest elective one : the other, úor an
hereditary King, with a House of Lords and Commons corrupted to his will, and
standing between him and the people. Hamilton was, indeed, a singular
character. Of acute understanding, disinterested, honest, and honorable in all
private transactions, amiable in society, and duly valuing virtue in private
life, yet so bewitched and perverted by the British example, as to be under
thorough conviction that corruption was essential to the government of a
nation. Mr. Adams had originally been a republican. The glare
280 Jefferson's Works
of royalty and nobility, during his mission to England, had made him believe
their fascination a necessary ingredient in government ; and Shay's rebellion,
not sufficiently understood where he then was, seemed to prove that the absence
of want and oppression, was not a sufficient guarantee of order. His book on
the American constitutions having made known his political bias, he was taken
up by the monarchical federalists in his absence, and on his return to the
United States, he was by them made to believe that the general disposition of
our citizens was favorable to monarchy. He here wrote his " Davila," as a
supplement to a former work, and his election to the Presidency confirmed him
in his errors. Innumerable addresses too, artfully and industriously poured in
upon him, deceived him into a confidence that he was on the pinnacle of
popularity, when the gulf was yawning at his feet, which was to swallow up him
and his deceivers. For when General Washington was withdrawn, these energumeni
of royalism, kept in check hitherto by the dread of his honesty, his firmness,
his patriotism, and the authority of his name, now mounted on the car of State
and free from control, like Phaeton on that of the sun, drove headlong and
wild, looking neither to right nor left, nor regarding anything but the objects
they were driving at; until, displaying these fully, the eyes of the nation
were opened, and a general disbandment of them from the public councils took
place.
The Anas 281
Mr. Adams, I am sure, has been long since convinced of the treacheries with
which he was surrounded during his administration. He has since thoroughly
seen, that his constituents were devoted to republican government, and whether
his judgment is re-settled on its ancient basis, or not, he is conformed as a
good citizen to the will of the majority, and would now, I am persuaded,
maintain its republican structure with the zeal and fidelity belonging to his
character. For even an enemy has said, " he is always an honest man, and often
a great one." But in the fervor of the fury and follies of those who made him
their stalking horse, no man who did not witness it can form an idea of their
unbridled madness, and the terrorism with which they surrounded themselves. The
horrors oú the French revolution, then raging, aided them mainly, and using
that as a raw head and bloody bones, they were enabled by their stratagems of
X. Y. Z. in. which **** was a leading mountebank, their tales of tub-plots,
ocean massacres, bloody buoys, and pulpit lyings and slanderings, and maniacal
ravings of their Gardeners, their Osgoods and parishes, to spread alarm into
all but the firmest breasts. Their Attorney General had the impudence to say to
a republican member, that deportation must be resorted to, of which, said he, "
you republicans have set the example ; " thus daring to identify us with the
murderous Jacobins of France. These transactions, now recollected but as dreams
282 Jefferson's Works
of the night, were then sad realities ; and nothing rescued us from their
liberticide effect, but the unyielding opposition of those firm spirits who
sternly maintained their post in defiance of terror, until their fellow
citizens could be aroused to their own danger, and rally and rescue the
standard of the constitution. This has been happily done. Federalism and
monarchism have languished from that moment, until their treasonable
combinations with the enemies of their country during the late war, their plots
of dismembering the Union, and their Hartford convention, have consigned them
to the tomb of the dead ; and I fondly hope, " we may now truly say, we are all
republicans, all federalists " and that the motto of the standard to which our
country will forever rally, will be, "federal union and republican government ;
" and sure I am we may say, that we are indebted for the preservation of this
point of ralliance, to that opposition of which so injurious an idea is so
artfully insinuated and excited in this history. Much of this relation is
notorious to the world; and many intimate proofs of it will be found in these
notes. From the moment where they end, of my retiring from the administration,
the federalists(1) got unchecked hold of General Washington. His memory was
already sensibly impaired by age, the firm tone of mind for which he had been
remarkable; was beginning to relax, its energy was abated, a
_______________
(1) See conversation with General Washington, October 1.
The Anas 283
listlessness of labor, a desire for tranquillity had crept on him, and a
willingness to let others act, and even think for him. Like the rest of
mankind, he was disgusted with atrocities of the French revolution, and was not
sufficiently aware of the difference between the rabble who were used as
instruments of their perpetration, and the steady and rational character of the
American people, in which he had not sufficient confidence. The opposition too
of the republicans to the British treaty, and the zealous support of the
federalists in that unpopular but favorite measure of theirs, had made him all
their own. Understanding, moreover, that I disapproved of that treaty, and
copiously nourished with falsehoods by a malignant neighbor of mine, who
ambitioned to be his correspondent, he had become alienated from myself
personally, as from the republican body generally of his fellow-citizens; and
he wrote the letters to Mr. Adams and Mr. Carroll, over which, in devotion to
his imperishable fame, we must forever weep as monuments of mortal decay.
February 4th, 1818.
CONVERSATION WITH ALEXANDER HAMILTON. August the 13th, 1791. Notes of a
conversation between Alexander Hamilton and Thomas Jefferson. Th : Jefferson
mentioned to him a letter received from John Adams, disavowing Publicola, and
denying that he ever entertained a wish to bring this country under an
hereditary executive, or introduce
284 Jefferson's Works
an hereditary branch of Legislature, &c. See his letter. Alexander Hamilton
condemning Mr. Adams' writings, and most particularly "Davila," as having a
tendency to weaken the present government, declared in substance as follows: "
I own it is my own opinion, though I do not publish it in Dan or Bersheba, that
the present government is not that which will answer the ends of society, by
giving stability and protection to its rights, and that it will probably be
found expedient to go into the British form. However, since we have undertaken
the experiment, I am for giving it a fair course, whatever my expectations may
be. The success, indeed, so far, is greater than I had expected, and therefore,
at present, success seems more possible than it had done heretofore, and there
are still other and other stages of improvement which, if the present does not
succeed, may be tried, and ought to be tried, before we give up the republican
form altogether; for that mind must be really depraved, which would not prefer
the equality of political rights, which is the foundation of pure
republicanism, if it can be obtained consistently with order. Therefore,
whoever by his writings disturbs the present order of things, is really
blameable, however pure his intentions may be, and he was sure Mr. Adams' were
pure. " This is the substance of a declaration made in much more lengthy terms,
and which seemed to be more formal than usual for a private conversation
between two, and as if intended to qualify some less
The Anas 285
guarded expressions which had been dropped on former occasions. Th: Jefferson
has committed it to writing in the moment of A. Hamilton's leaving the room.
December the 25th, 1791, Colonel Gunn (of Georgia) dining the other day with
Colonel Hamilton, said to him, with that plain freedom he is known to use, "I
wish, Sir you would advise our friend King, to observe some kind of consistency
in his votes. There has been scarcely a question before the Senate on which he
has not voted both ways. On the representation bill, for instance, he first
voted for the proposition of the Representatives, and ultimately voted against
it." " Why," said Colonel Hamilton, " I'll tell you as to that, Colonel Gunn,
that it never Was intended that bill should pass." Gunn told this to Butler,
who told it to Th: Jefferson.
CONVERSATIONS WITH PRESIDENT WASHINGTON.
February the 28th, l792. I was to have' been with him long enough before three
o'clock, (which was the hour and day he received visits,) to have opened to him
a proposition for doubling the velocity of the post riders, who now travel
about fifty miles a day, and might, without difficulty, go one hundred, and for
taking measures (by way bills) to know where the delay is, when there is any. I
was
286 Jefferson's Works
delayed by business, so as to have scarcely time to give him the outlines. I
ran over them rapidly, and observed afterwards, that I had hitherto never
spoken to him on the subject of the post office, not knowing whether it was
considered as a revenue law; or a law for the general accommodation of the
citizens : that the law just passed seemed to have removed the doubt; by
declaring that the whole profits of the office should be applied to extending
the posts, and that even the past profits should be refunded by the treasury
for the same purpose: that I therefore conceive it was now in the department of
the Secretary of State : that I thought it would be advantageous so to declare
it for another reason, to wit : that the department of the Treasury possessed
already such an influence as to swallow up the whole executive powers, and that
even the future Presidents (not supported by the weight of character which
himself possessed,) would not be able to make head against: this department.
That in urging this measure I had certainly no personal interest, since, if I
was supposed to have any appetite for power, yet as my career would certainly
be exactly as short as his own, the intervening time was too short to be an
object. My real wish was to avail the public of every occasion, during the
residue of the President's period, to place things on a safe footing. He was
now called on to attend his company, and he desired me to come and breakfast
with him the next morning.
The Anas 287
February the 29th. I did so; and after breakfast we retired to his room, and I
unfolded my plan for the post office, and after such an approbation of it as he
usually permitted himself on the first presentment of any idea, and desiring me
to commit it to writing, he, during that pause of conversation which follows a
business closed, said in an affectionate tone, that he had felt much concern at
an expression which dropped from me yesterday, and which marked my intention of
retiring when he should. That as to himself, many motives obliged him to it. He
had, through the whole course of the war, and most particularly at the close of
it, uniformly declared his resolution to retire from public affairs, and never
to act in any public office; that he had retired under that firm resolution :
that the government, however, which had been formed, being found evidently too
inefficacious, and it being supposed that his aid was of some consequence
towards bringing the people to consent to one of sufficient efficacy for their
own good, he consented to come into the convention, and on the same motive,
after much pressing, to take a part in the new government, and get it under
way. That were he to continue longer, it might give room to say, that having
tasted the sweets of office, he could not do without them : that he really felt
himself growing old, his bodily health less firm, his memory, always bad,
becoming worse, and perhaps the other faculties of his mind 'showing a decay to
others of which he was insensible himself ;
288 Jefferson's Works
that this apprehension particularly oppressed him: that he found, moreover, his
activity lessened, business therefore more irksome, and tranquillity and
retirement become an irresistible passion. That however he felt himself
obliged, for these reasons, to retire from the government, yet he should
consider it as unfortunate, if that should bring on the retirement of the great
officers of the government, and that this might produce a shock on the public
mind of dangerous consequence. I told him that no man had ever had less desire
of entering into public offices than myself ; that the circumstance of a
perilous war, which brought every thing into danger, and called for all the
services which every citizen could render, had induced me to undertake the
administration of the government of Virginia; that I had both before and after
refused repeated appointments of Congress to go abroad in that sort of office,
which, if I had consulted my own gratification, would almost have been the most
agreeable to me; that at the end of two years, I resigned the government of
Virginia, and retired with a firm resolution never more to appear in public
life; that a domestic loss, however, happened, and made me fancy that absence
and a change of scene for a time might be expedient for me; that I therefore
accepted a foreign appointment, limited to two years ; that at the close of
that, Doctor Franklin having left France, I was appointed to supply his place,
which I had accepted,
The Anas 289
and though I continued in it three or four years, it was under the constant
idea of remaining only a year or two longer ; that the revolution in France
coming on, I had so lnterested myself in the event of that, that when obliged
to bring my family home, I had still an idea of returning and awaiting the
close of that, to fix the era of my final retirement; that on my arrival here I
found he had appointed me to my present office ; that he knew I had not come
into it without some reluctance; that it was, on my part, a sacrifice of
inclination to the opinion that I might be more serviceable here than in
France, and with a firm resolution in my mind, to indulge my constant wish for
retirement at no very distant
day that when, therefore, I had received his letter, written from Mount
Vernon, on his way to Carolina and Georgia, (April the 1st, 1791) and
discovered, from an expression in that, that he meant to retire from the
government ere long, and as to the precise epoch there could be no doubt, my
mind was immediately made up, to make that the epoch of my own retirement from.
those labors of which I was heartily tired. That, however, I did not believe
there was any idea in any of my brethren in the administration of retiring;
that on the contrary, I had perceived at a late meeting of the trustees of the
sinking fund, that the Secretary of the Treasury had developed the plan he
intended to pursue, and that it embraced years in its view. He said; that he
considered the Treasury depart-
vol..1-19
290 Jefferson's Works
ment as a much more limited one, going only to the single object of revenue,
while that of the Secretary of State, embracing nearly all the objects of
administration, was much more important, and the retirement of the officer
therefore, would be more noticed: that though the government had set out with a
pretty general good will of the public, yet that symptoms of dissatisfaction
had lately shown themselves far beyond what he could have expected, and to what
height these might arise, in case of too great a change in the administration,
could not be foreseen. I told him, that in my opinion, there was only a single
source of these discontents. Though they had indeed appeared to spread
themselves over the War department also, yet I considered that as an
overflowing only from their real channel, which would never have taken place,
if they had not first been generated in another department, to wit, that of the
Treasury. That a system had there been contrived, for deluging the States with
-paper money instead of gold and silver, for withdrawing our citizens from the
pursuits of commerce, manufactures, buildings, and other branches of useful
industry, to occupy themselves and their capitals in a species of gambling,
destructive of morality, and which had introduced its poison into the
government itself. That it was a fact,. as certainly known as that he and I
were then conversing, that particular members of the legislature, while those
laws were on the carpet, had feathered their nests with paper,
The Anas 291
had then voted for the laws, and constantly since lent all the energy of their
talents, and instrumentality of their offices, to the establishment and
enlargement of this system; that they had chained it about our necks for a
great length of time, and in order to keep the game in their hands had, from
time to time, aided in making such legislative constructions of the
constitution, as made it a very different thing from what the people thought
they had submitted to; that .they had now brought forward a proposition far
beyond any one ever yet advanced, and to which the eyes of many were turned, as
the decision which was to let us know, whether we live under a limited or an
unlimited government. He asked me to what proposition I alluded? I answered, to
that in the report on manufactures, which, under color of giving bounties for
the encouragement of particular manufactures, meant to establish the doctrine,
that the power given by the constitution to collect taxes to provide f or the
general welfare of the United States, permitted Congress to take everything
under their management which they should deem for the public welfare, and which
is susceptible oú the application of money; consequently, that the subsequent
enumeration of their powers was not the description to which resort must be
had, and did not at all constitute the limits of their authority ; that this
was a very different question from that of the bank, which was thought an
incident to an enumerated
292 Jefferson's Works
power; that, therefore, this decision was expected with great anxiety ; that,
indeed, I hoped the proposition would be rejected, believing there was a
majority in both Houses against it; and that if it should be, it would be
considered as a proof that things were returning into their true channel ; and
that, at any rate, I looked forward to the broad representation which would
shortly take place, for keeping the general constitution on its true ground ;
and that this would remove a great deal of the discontent which had shown
itself. The conversation ended with this last topic. It is here stated nearly
as much at length as it really was; the expressions preserved where I could
recollect them; and their substance always faithfully stated. March 1, 1792.
On the 2d of January, 1792, Messrs. Fitzsimmons and Gerry (among others) dined
with me. These two staid, with a Mr. Larned of Connecticut, after the company
was gone. We got on the subject oú references by the legislature to the Heads
of departments, considering their mischief in every direction. Gerry and
Fitzsimmons clearly opposed to them. Two days afterwards (January the 9th), Mr.
Bourne from Rhode Island presented a memorial from his State, complaining of
inequality in the Assumption, and moved to refer it to the Secretary of the
Treasury. Fitzsimmons, Gerry and others opposed it; but it Was carried.
The Anas 293
January the 19th. Fitzsimmons moved, that the President of the United States be
requested to direct the Secretary of the Treasury, to lay before the House
information to enable the legislature to judge of the additional revenue
necessary on the increase of the military establishment. The House, on debate,
struck out the words, " President of the United States." March the 7th. The
subject resumed. An animated debate took place on the tendency of references to
the Heads of departments ; and it seemed that a great majority would be against
it; the House adjourned. Treasury greatly alarmed, and much industry supposed
to be used before next morning, when it was brought on again, and debated
through the day, and on the question, the Treasury carried it by thirty-one to
twenty-seven; but deeply wounded, since it was seen that all Pennsylvania,
except Jacobs, voted against the reference; that Tucker of South Carolina voted
for it, and Sumpter absented himself, debauched for the moment only, because of
the connection of the question with a further Assumption which South Carolina
favored; but showing that they never were to be counted on among the Treasury
votes. Some others absented themselves. Gerry changed sides. On the whole, it
showed that Treasury influence was tottering.
Committed to writing this 10th of March, 1792.
294 Jefferson's Works
March the 11th, 1792. Consulted verbally by the President, on whom a committee
of the Senate (Izard, Morris, and King) are to wait to-morrow morning, to know
whether he will think it proper to redeem our Algerine captives, and make a
treaty with the Algerines, on the single vote of the Senate, without taking
that of the Representatives. My opinions run on the following heads : We must
go to Algiers with cash in our hands. Where shall we get it? By loan? By
converting money now in the treasury ? Probably a loan might be obtained on the
President's authority; but as this could not be repaid without a subsequent act
of legislature, the Representatives might refuse it. So if money in the
treasury be converted, they may refuse to sanction it. The subsequent
approbation of the Senate being necessary to validate a treaty, they expect to
be consulted beforehand, if the case admits. So the subsequent act of the
Representatives being necessary where money is given, why should not they
expect to be consulted in like manner, when the case admits. A treaty is a law
of the land. But prudence will point out this difference to be attended to in
making them; viz. where a treaty contains such articles only as will go into
execution of themselves, or be carried into execution by the judges, they may
be safely made; but where there are articles which require a law to be passed
afterwards by the legislature, great caution is requisite.
The Anas 295
For example ; the consular convention with France required a very small
legislative regulation. This convention was unanimously ratified by the Senate.
Yet the same identical men threw by the law to enforce it at the last session,
and the Representatives at this session have placed it among the laws which
they may take up or not, at their own convenience, as if that was a higher
motive than the public faith: Therefore, against hazarding this transaction
without the sanction of both Houses. The President concurred. The Senate
express the motive for this proposition, to be a fear that the Representatives
would not keep the secret. He has no opinion of the secrecy of the Senate. In
this very case, Mr. Izard made the communication to him, sitting next to him at
table, on one hand, while a lady (Mrs. McLane) was on his other hand, and the
French minister next to her; and as Mr. Izard got on with his communication,
his voice kept rising, and his stutter bolting the words out loudly at
intervals, so that the minister might hear if he would. He said he had a great
mind at one time to have got up in order to put a stop to Mr. Izard.
March the 11th, 1792. Mr. Sterret tells me, that sitting round a fire the
other day with four or five others, [Mr. Smith of South Carolina was one],
some- body mentioned that the murderers of Hogeboom,
296 Jefferson's Works
sheriff of Columbia county, New York, were acquitted. "Aye," says Smith, "this
is what comes of your damned trial by jury."
1791. Towards the latter end of November, Hamilton had drawn Ternant into a
conversation on the subject of the treaty of commerce recommended by the
National Assembly of France to be negotiated with us, and, as he had no ready
instructions on the subject, he led him into a proposal that Ternant should
take the thing up as a volunteer with me, that we should arrange conditions,
and let them go for confirmation or refusal. Hamilton communicated this to the
President, who came into it, and proposed it to me. I disapproved of it,
observing, that such a volunteer .project would be binding on us, and not them;
that it would enable them to find out how far we would go, and avail themselves
of it. However, the President thought it worth trying, and I acquiesced. I
prepared a plan of treaty for exchanging the privileges of native subjects, and
fixing all duties forever as they now stood. Hamilton did not like this way of
fixing the duties, because, he said, many articles here would bear to be
raised, and therefore, he would prepare a tariff. He did so, raising duties for
the French, from twenty-five to fifty per cent. So they were to give us the
privileges of native subjects, and we, as a compensation, were to make them pay
higher duties. Hamilton, having made his arrangements with Ham
The Anas 297
mond to pretend that though he had no powers to conclude a treaty of commerce,
yet his general commission authorized him to enter into the discussion of one,
then proposed to the President at one of our meetings, that the business should
be taken up with Hammond in the same informal way. I now discovered the trap
which he had laid, by first getting the President into that step with Ternant.
I opposed the thing warmly. Hamilton observed, if we did it with Ternant we
should also with Hammond. The President thought this reasonable. I desired him
to recollect, I had been against it with Ternant, and only acquiesced under his
opinion. So the matter went off as to both. His scheme evidently was, to get us
engaged first with Ternant, merely that he might have a pretext to engage us on
the same ground with Hammond, taking care, at the same time, by an extravagant
tariff, to render it ' impossible we should come to any conclusion with Ternant
: probably meaning, at the same time, to propose terms so favorable to Great
Britain, as would attach us to that country by treaty. On one of those
occasions he asserted, that our commerce with Great Britain and her colonies
was put on a much more favorable footing than with France and her colonies. I
therefore prepared the tabular comparative view of the footing of our commerce
with those nations, which see among my papers. See also my project of a treaty
and Hamilton's tariff. Committed to writing March the 11th, l792.
298 Jefferson's Works
It was observable, that whenever, at any of our consultations, anything was
proposed as to Great Britain, Hamilton had constantly ready something which Mr.
Hammond had communicated to him, which suited the subject and proved the
intimacy of their communications ; insomuch, that I believe he communicated to
Hammond all our views, and knew from him, in return, the views of the British
court. Many evidences of this occurred; I will state some. I delivered to the
President my report of instructions for Carmichael and Short, on the subject of
navigation, boundary and commerce, and desired him to submit it to Hamilton.
Hamilton made several just criticisms on different parts of it. But where I
asserted that the United States had no right to alienate an inch of the
territory of any State, he attacked and denied the doctrine. See my report, his
NOTE, and my answer. A few days after came to hand Kirkland's letter, informing
us that the British, at Niagara, expected to run a new line between themselves
and us; and the reports of Pond and Stedman, informing us it was understood at
Niagara, that Captain Stevenson had been sent here by Simcoe to settle that
plan with Hammond. Hence Hamilton's attack of the principle I had laid down, in
order to prepare the way for this new line. See minute of March the 9th.
Another proof. At one of our consultations, about the last of December, I
mentioned that I wished to give in my report on commerce, in which I could not
avoid recommending a commercial
The Anas 299
retaliation against Great Britain. Hamilton opposed it violently ; and among
other arguments, observed, that it was of more importance to us to have the
posts than to commence a commercial war; that this, and this alone, would free
us from the expense of the Indian wars; that it would therefore be the height
of imprudence in us, while treating f or the surrender of the posts, to engage
in anything which would irritate them; that if we did so, they would naturally
say, " these people mean war, let us therefore hold what we have in our hands."
This argument struck me forcibly, and I said, " if there is a hope of obtaining
the posts, I agree it would be imprudent to risk that hope by a commercial
retaliation. I will, therefore, wait till Mr. Hammond gives me in his
assignment of breaches, and if that gives a glimmering of hope that they mean
to surrender the posts, I will not give in my report till the next session."
Now, Hammond had received my assignment of breaches on the l5th of December,
and about the 22d or 23d had made me an apology for not having been able to
send me his counter-assignment of breaches ; but in terms which showed I might
expect it in a few days. From the moment it escaped my lips in the presence of
Hamilton, that I would not give in my report till I should see Hammond's
counter-complaint, and judge if there was a hope of the posts, Hammond never
said a word to me on any occasion, as to the time he should be ready. At length
the President
300 Jefferson's Works
got out of patience, and insisted I should jog him. This I did on the 21st of
February, at the President's assembly : he immediately promised I should have
it in a few days, and accordingly, on the 5th of March I received it.
Written March the llth, 1792.
March the 12th, 1792. Sent for by the President, and desired to bring the
letter he had signed to the King of France. Went. He said the House of
Representatives had, on Saturday, taken up the communication he had made of the
King's letter to him, and come to a vote in their own name; that he did not
expect this when he sent this message and€ the letter, otherwise he would have
sent the message without the letter, as I had proposed. That he apprehended the
legislature would be endeavoring to invade the executive. I told him, I had
understood the House had resolved to request him to join their congratulations
to his on the completion and acceptance of the constitution; on which part of
the vote, there were only two dissentients, (Barnwell and Benson;) that the
vote was thirty-five to sixteen on that part which expressed an approbation of
the wisdom of the constitution; that in the letter he had signed, I had avoided
saying a word in approbation of the constitution, not knowing whether the King,
in his heart, approved it: Why, indeed, said he, I begin to doubt very much
The Anas 301
of the affairs of France; there are papers from London as late as the 10th of
January, which represent them as going into confusion. He read over the letter
he had signed, found there was not a word which could commit his judgment about
the constitution, and gave it to me back again. This is one of many proofs I
have had, of his want of confidence in the event of the French revolution. The
fact is, that Gouverneur Morris, a high-flying monarchy man,' shutting his eyes
and his faith to every fact against his wishes, and believing everything he
desires to be true, has kept the President's mind constantly poisoned with his
forebodings. That the President wishes the revolution may be established, I
believe from several indications. I remember, when I received the news of the
King's flight and capture, I first told him of it at his assembly. I never saw
him so much dejected by any event in my life. He expressed clearly, on this
occasion, his disapprobation of the legislature referring things to the Heads
of Departments. Written March the 12th.
Eodem die. Ten o'clock, A. M. The preceding was about nine o'clock. The
President now sends Lear to me, to ask what answer he shall give to the
committee, and particularly, whether he shall add to it, that, " in making the
communication, it was not his expectation that the House should give any
answer." I told Mr. Lear that I thought the House
302 Jefferson's Works
had a right, independently of legislation, to express sentiments on other
subjects. That when these subjects did not belong to any other branch
particularly, they would publish them by their own authority; that in the
present case, which respected a foreign nation, the President being the organ
of our nation with other nations, the House would satisfy their duty, if,
instead of a direct communication, they should pass their sentiments through
the President; that if expressing a sentiment were really an invasion of the
executive power, it was so faint a one, that it would be difficult to
demonstrate it to the public, and to a public partial to the French revolution,
and not disposed to consider the approbation of it from any quarter as
improper. That the Senate, indeed, had given many indications of their wish to
invade the executive power: the Representatives had done it in one case, which
was indeed mischievous and alarming; that of giving orders to the Heads of the
Executive Departments, without consulting the President; but that the late vote
for directing the Secretary of the Treasury to report ways and means, though
carried, was carried by so small a majority, and with the aid of members so
notoriously under a local influence on that question, as to give a hope that
the practice would be arrested, and the constitutional course be taken up, of
asking the President to have information laid before them. But that in the
present instance, it was so far from being clearly an invasion of the
Executive, and would
The Anas 303
be so little approved by the general voice, that I could not advise the
President to express any dissatisfaction at the vote of the House; and I gave
Lear, in writing, what I thought should be his answers. See it.
CABINET MEETINGS.
March the 31st. A meeting at the President's; present, Thomas Jefferson,
Alexander Hamilton, Henry Knox and Edmond Randolph. The subject was the
resolution oú the House of Representatives, of March the 27th, to appoint a
committee to inquire into the causes of the failure of the late expedition
under Major General St. Clair, with the power to call for such persons, papers
and records, as may be necessary to assist their inquiries. The committee had
written to Knox for the original letters, instructions, &c. The President had
called us to consult, merely because it was the first example, and he wished
that so far as it should become a precedent, it should be rightly conducted. He
neither acknowledged nor denied, nor even doubted the propriety of what the
House were doing, for he had not thought upon it, nor was acquainted with
subjects of this kind : he could readily conceive there might be papers of so
secret a nature, as that they ought not to be given up. We were not prepared,
and wished time to think and inquire. April the 2d. Met again at the
President's, on the same subject. We had all considered, and were
304 Jefferson's Works
of one mind, first, that the House was an inquest, and therefore might
institute inquiries. Second, that it might call for papers generally. Third,
that the Executive ought to communicate such papers as the public good would
permit, and ought to refuse those, the disclosure of which would injure the
public : consequently were to exercise a discretion. Fourth, that neither the
committee nor House had a right to call on the Head of a Department, who and
whose papers were under the President alone; but that the committee should
instruct their chairman to move the House to address the President. We had
principally consulted the proceedings of the Commons in the case of Sir Robert
Walpole, 13 Chandler's Debates. For the first point, see pages 161, 170, 172,
183, 187, 207; for the second, pages 153, 173, 207; for the third, 81, 173,
appendix page 44; fourth, page 246. NOTE; Hamilton agreed with us in all these
points, except as to the power oú the House to call on Heads of Departments. He
observed, that as to his Department, the act constituting it had made it
subject to Congress in some points, but he thought himself not so far subject,
as to be obliged to produce all the papers they might call for. They might
demand secrets oú a very mischievous nature. [Here I thought he began to fear
they would go on to examining how far their own members. and other persons in
the government had been dabbling in stocks, banks, &c., and that he probably
would choose in this case to deny their
The Anas 305
power; and, in short, he endeavored to place himself subject to the House, when
the Executive should propose what he did not like, and subject to the
Executive, when the House should propose anything disagreeable.] I observed
here a difference between the British Parliament and our Congress ; that the
former was a legislature, an inquest, and a council (S. G. page 91.) for the
King. The latter was, by the constitution, a legislature and an inquest, but
not a council. Finally agreed, to speak separately to the members of the
committee, and bring them by persuasion into the right channel. It was agreed
in this case, that there was not a paper which might not be properly produced;
that copies only should be sent, with an assurance, that if they should desire
it, a clerk should attend with the originals to be verified by themselves. The
committee were Fitzsimmons, Steele, Mercer, Clarke, Sedgwick, Giles and Vining.
April the 9th, l792. The President had wished to redeem our captives at
Algiers, and to make peace with them on paying an annual tribute. The Senate
were willing to approve this, but unwilling to have the lower House applied to
previously to furnish the money; they wished the President to take the money
from the treasury, or open a loan for it. They thought that to consult the
Representatives on one occasion, would give them a handle always to claim
VOL.. 1-20
306 Jefferson's Works
it, and would let them into a participation of the power of making treaties,
which the Constitution had given exclusively to the President and Senate. They
said too, that if the-particular sum was voted by the Representatives, it would
not be a secret. The President had no confidence in the secrecy of the Senate,
and did not choose to take money from the Treasury or to borrow. But he agreed
he would enter into provisional treaties with the Algerines, not to be binding
on us till ratified here. I prepared questions for consultation with the
Senate, and added, that the Senate were to be apprized, that on the return of
the provisional treaty, and after they should advise the ratification, he would
not have the seal put to it till the two Houses should vote the money. He asked
me, if the treaty stipulating a sum and ratified by him, with the advice of the
Senate, would not be good under the Constitution, and obligatory on the
Representatives to furnish the money? I answered it certainly would, and that
it would be the duty of the Representatives to raise the money; but that they
might decline to do what was their duty, and I thought it might be incautious
to commit himself by a ratification with a foreign nation, where he might be
left in the lurch in the execution: it was possible too, to conceive a treaty,
which it would not be their duty to provide for. He said that he did not like
throwing too much into democratic hands, that if they would not do what the
Constitution called on them to do, the Government
The Anas 307
would be at an end, and must then assume another form. He stopped here ; and I
kept silence to see whether he would say anything more in the same line, or add
any qualifying expression to soúten what he had said; but he did neither. I had
observed, that wherever the agency of either, or both Houses would be requisite
subsequent to a treaty, to carry it into effect, it would be prudent to consult
them previously, if the occasion admitted. That thus it was, we were in the
habit of consulting the Senate previously, when the occasion permitted, because
their subsequent ratification would be necessary. That there was the same
reason for consulting the lower House previously, where they were to be called
on afterwards, and especially in the case of money, as they held the purse
strings, and would be jealous of them. However, he desired me to strike out the
intimation that the seal would not be put till both Houses should have voted
the money.
April the 6th. The President called on me before breakfast, and first
introduced some other matter, then fell on the representation bill, which he
had now in his possession for the tenth day. I had before given him my opinion
in writing, that the method oú apportionment was contrary to the Constitution.
He agreed that it was contrary to the common understanding of that instrument,
and to what was understood at the time by the makers of it ; that yet it
308 Jefferson's Works
would bear the construction which the bill put, and he observed that the vote
for and against the bill was perfectly geographical, a northern against a
southern vote, and he feared he should be thought to be taking side with a
southern party. I admitted the motive of delicacy, but that it should not
induce him to do wrong; urged the dangers to which the scramble for the
fractionary members would always lead. He here expressed his fear that there
would, ere long, be a separation of the Union ; that the public mind seemed
dissatisfied and tending to this. He went home, sent for Randolph, the Attorney
General, desired him to get Mr. Madison immediately and come to me, and if we
three concurred in opinion that he should negative the bill, he desired to hear
nothing more about it, but that we would draw the instrument for him to sign.
They came. Our minds had been before made up. We drew the instrument. Randolph
carried it to him, and told him we all concurred in it. He walked with him to
the door, and as if he still wished to get off, he said, " and you say you
approve of this yourself. " " Yes Sir, " said Randolph, " I do upon my honor. "
He sent it to the House of Representatives instantly. A few of the hottest
friends of the bill expressed passion, but the majority were satisfied, and
both in and out of doors it gave pleasure to have, at length, an instance of
the negative being exercised. Written this the 9th of April.
The Anas 309
July the 10th, 1792. My letter of to the President, directed to him at Mount
Vernon, had not found him there, but came to him here. He told me of this, and
that he would take an occasion of speaking with me on the subject. He did so
this day. He began by observing that he had put it off from day to day, because
the subject was painful, to wit, his remaining in office, which that letter
solicited. He said that the declaration he had made when he quitted his
military command, of never again entering into public life, was sincere. That,
however, when he was called on to come forward to set the present government in
motion, it appeared to him that circumstances were so changed as to justify a
change in his resolution: he was made to believe that in two years all would be
well in motion, and he might retire. At the end of two years he found some
things still to be done. At the end of the third year, he thought it was not
worth while to disturb the course of things, as in one year more his office
would expire, and he was decided then to retire. Now he was told there would
still be danger in it. Certainly, if he thought so, he would conquer his
longing for retirement. But he feared it would be said his former professions
of retirement had been mere affectation, and that he was like other men, when
once in office he could not quit it, He was sensible, too, of a decay of his
hearing, perhaps his other faculties might f all off and he not be sensible of
it. That with respect to the existing
310 Jefferson's Works
causes of uneasiness, he thought there were suspicions against a, particular
party, which had been carried a great deal too far; there might be desires, but
he did not believe there were designs to change the form of government into a
monarchy; that there might be a few who wished it in the higher walks of life,
particularly in the great cities, but that the main body of the people in the
eastern States were as steadily for republicanism as in the southern. That the
pieces lately published, and particularly in Freneau's paper, seemed to have in
view the exciting opposition to the Government. That this had taken place in
Pennsylvania as to the excise law, according to information he had received
from General Hand. That they tended to produce a separation of the Union, the
most dreadful of all calamities, and that whatever tended to produce anarchy,
tended, of course, to produce a resort to monarchical government. He considered
those papers as attacking him directly, for he must be a fool indeed to swallow
the little sugar plums here and there thrown out to him. That in condemning the
administration of the Government, they condemned him, for if they thought there
were measures pursued contrary to his sentiments, they must conceive him too
careless to attend to them, or too stupid to understand them. That though,
indeed, he had signed many acts which he did not approve in all their parts,
yet he had never put his name to one which he did not think, on the whole, was
eligible. That as to
The Anas 311
the bank, which had been an act of so much complaint, until there was some
infallible criterion of reason, a difference of opinion must be tolerated. He
did not believe the discontents extended far from the seat of Government. He
had seen and spoken with many people in Maryland and Virginia in his late
journey. He found the people contented and happy. He wished, however, to be
better informed on this head. If the discontents were more extensive than he
supposed, it might be that the desire that he should remain in the Government
was not general. My observations to him tended principally to enforce the
topics of my letter. I will not, therefore, repeat them, except where they
produced observations from him. I said that the two great complaints were, that
the national debt was unnecessarily increased, and that it had furnished the
means of corrupting both branches of the legislature; that he must know, and
everybody knew, there was a considerable squadron in both, whose votes were
devoted to the paper and stock-jobbing interest, that the names of a weighty
number were known, and several others suspected on good grounds. That on
examining the votes of these men, they would be found uniformly for every
Treasury measure, and that as most of these measures had been carried by small
majorities, they were carried by these very votes. That, therefore, it was a
cause of just uneasiness, when we saw a legislature legislating for their
312 Jefferson's Works
own interests, in opposition to those of the people. He said not a word on the
corruption of the legislature, but took up the other point, defended the
Assumption, and argued that it had not increased the debt, for that all of it
was honest debt. He justified the excise law, as one of the best laws which
could be passed, as nobody would pay the tax who did not choose to do it. With
respect to the increase of the debt by the Assumption, I observed to him that
what was meant and objected to was, that it increased the debt of the General
Government, and carried it beyond the possibility of payment. That if the
balances had been settled, and the debtor States directed to pay their
deficiencies to the creditor States, they would have done it easily, and by
resources of taxation in their power, and acceptable to the people; by a direct
tax in the south, and an excise in the north. Still, he said, it would be paid
by the people. Finding him decided, I avoided entering into argument with him
on those points.
Sept. the 30th, 1792. The constitution as agreed to till a fortnight before
the Convention rose, was such a one as he would have set his hand and heart to.
lst. The President was to be elected for seven years. Then ineligible for seven
years more. ad. Rotation in the Senate. 3d. A vote of two-thirds in the
legislature on particular subjects, and expressly on that of navigation. The
three New England
The Anas 313
States were constantly with us in all questions (Rhode Island not there, and
New York seldom), so that it was these three States, with the five southern
ones, against Pennsylvania, New Jersey, and Delaware. With respect to the
importation of slaves, it was left to Congress. This disturbed the two
southernmost States, who knew that Congress would immediately suppress the
importation of slaves. These two States, therefore, struck up a bargain with
the three New England States. If they would join to admit slaves for some
years, the southernmost States would join in changing the clause which required
two-thirds of the legislature in any vote. It was done. These articles were
changed accordingly, and from that moment the two southernmost States, and the
three northern ones, joined Pennsylvania, New Jersey and Delaware, and made the
majority eight to three against us, instead of eight to three for us, as it had
been through the whole Convention. Under this coalition, the great principles
of the constitution were changed in the last days of the Convention.' Anecdote.
Yates, Lawsing and Hamilton represented New York. Yates and Lawsing never voted
in one single instance with Hamilton, who was so much mortified at it that he
went home. When the season for courts came on, Yates, a judge, and Lawsing, a
lawyer, went to attend their courts. Then Hamilton returned.
314 Jefferson's Works
ANECDOTE. The constitution as agreed at first was, that amendments might be
proposed either by Congress or the legislatures. A committee was appointed to
digest and redraw. Gouverneur Morris and King were of the committee. One
morning Gouverneur Morris moved an instrument for certain alterations (not
one-half the members yet come in). In a hurry and without understanding, it was
agreed to. The committee reported so that Congress should have the exclusive
power of proposing amendments. George Mason observed it on the report, and
opposed it. King denied the construction. Mason demonstrated it, and asked the
committee by what authority they had varied what had been agreed. Gouverneur
Morris then imprudently got up, and said, by authority of the Convention, and
produced the blind instruction before mentioned, which was unknown by one-half
of the House, and not till then understood by the other. They then restored it,
as it originally stood. He said he considered Hamilton as having done us more
injury than Great Britain and all her fleets and armies. That his (Mason's)
plan oú settling our debts would have been something in this way. He would have
laid as much tax as could be paid without oppressing the people ;-particularly
he would have laid an impost of about the amount of the first, laid by
Congress, but somewhat different in several of its articles. He would have
suspended all application of it one year, during which an office should have
The Anas 315
been open to register unalienated certificates. At the end of the year he would
have appropriated his revenue. lst. To pay the civil list. ad. The interest of
these certificates. 3d. Instalments of the principal. 4th. A surplus to buy up
the alienated certificates, still avoiding to make any other provision for
these last. By the time the unalienated certificates should have been all paid,
he supposed half the alienated ones would have been bought up at market. He
would then have proceeded to redeem the residue of them.
CONVERSATION WITH PRESIDENT WASHINGTON.
Bladensburg, October the lst, 1792. This morning, at Mount Vernon, I had the
following conversation with the President. He opened it by expressing his
regret at the resolution in which I appeared so fixed, in the letter I had
written him, of retiring from public affairs. He said, that he should be
extremely sorry that I should do it, as long as he was in office, and that he
could not see where he should find another character to fill my office. That,
as yet, he Was quite undecided whether to retire in March or not. His
inclinations led him strongly to do it. Nobody disliked more the ceremonies of
his office, and he had not the least taste or gratification in the execution of
its functions. That he was happy at home alone, and that his presence there was
now peculiarly called for by the situation of Major Washington, whom he thought
irrecoverable, and should
316 Jefferson's Works
he get well, he would remove into another part of the country, which might
better agree with him. That he did not believe his presence necessary; that
there were other characters who would do the business as well or better. Still,
however, if his aid was thought necessary to save the cause to which he had
devoted his life principally, he would make the sacrifice of a longer
continuance. That he therefore reserved himself for future decision, as his
declaration would be in time if made a month before, the day of election. He
had desired Mr. Lear to find out from conversation, without appearing to make
the inquiry, whether any other person would be desired by any body. He had
informed him, he judged from conversations that it was the universal desire he
should continue, and he believed that those who expressed a doubt of his
continuance, did it in the language of apprehension, and not of desire. But
this, said he, is only from the north; it may be very different in the south. I
thought this meant as an opening to me to say what was the sentiment in the
south, from which quarter I came. I told him, that as far as I knew, there was
but one voice there, which was for his continuance. That as to myself, I had
ever preferred the pursuits of private life to those of public, which had
nothing in them agreeable to me. I explained to him +he circumstances of the
war which had first called me into public life, and those following the war,
which had called me from a retirement on which I had determined. That I had con
The Anas 317
stantly kept my eye on my own home, and could no longer refrain from returning
to it. As to himself, his presence was important ; that he was the only man in
the United States who possessed the confidence of the whole; that government
was founded in opinion and confidence, and that the longer he remained, the
stronger would become the habits of the people in submitting to the Government,
and in thinking it a thing to be maintained ; that there was no other person
who would be thought anything more than the head of a party. He then expressed
his concern at the difference which he found to subsist between the Secretary
of the Treasury and myself, of which he said he had not been aware. He knew,
indeed, that there was a marked difference in our political sentiments, but he
had never suspected it had gone so far in producing a personal difference, and
he wished he could be the mediator to put an end to it. That he thought it
important to preserve the check of my opinions in the Administration, in order
to keep things in their proper channel, and prevent them from going too far.
That as to the idea of transforming this Government into a monarchy, he did not
believe there were ten men in the United States whose opinions were worth
attention, who entertained such a thought. I told him there were many more than
he imagined. I recalled to his memory a dispute at his own table, a little
before we. left Philadelphia, between General Schuyler on one side and Pinckney
and myself on the other, wherein
318 Jefferson's Works
the former maintained the position, that hereditary descent was as likely to
produce good magistrates as election.. I told him, that though the people were
sound, there were a numerous sect who had monarchy in contemplation; that the
Secretary of the Treasury was one of these. That I had heard him say that this
Constitution was a shilly shally thing, of mere milk and water, which could not
last, and was only good as a step to something better. That when we reflected,
that he had endeavored in the convention, to make an English constitution of
it, and when failing in that, we saw all his measures tending to bring it to
the same thing, it was natural for us to be jealous; and particularly, when we
saw that these measures had established corruption in the legislature, where
there was a squadron devoted to the nod of the Treasury, doing whatever he had
directed, and ready to do what he should direct. That if the equilibrium of the
three great bodies, legislative, executive and judiciary, could be preserved,
if the legislature could be kept independent, I should never fear the result oú
such a government; but that I could not but be uneasy, when I saw that the
executive had swallowed up the legislative branch. He said, that as to that
interested spirit in the legislature, it was what could not be avoided in any
government, unless we were to exclude particular descriptions of men, such as
the holders of the funds, from all office. I told him, there was great differ
The Anas 319
ence between the little accidental schemes of self interest, which would take
place in every body of men, and influence their votes, and a regular system for
forming a corps of interested persons, who should be steadily at the orders of
the Treasury. He touched on the merits of the funding system, observed there
was a difference of opinion about it, some thinking it very bad, others very
good ; that experience was the only criterion of right which he knew, and this
alone would decide which opinion was right. That for himself, he had seen our
affairs desperate and our credit lost, and that this was in a sudden and
extraordinary degree raised to the highest pitch. I told him, all that was ever
necessary to establish our credit, was an efficient government and an honest
one, declaring it would sacredly pay our debts, laying taxes for this purpose,
and applying them to it. I avoided going further into the subject. He finished
by another exhortation to me not to decide too positively on retirement, and
here we were called to breakfast.
October the 3lst, l792. I had sent to the President, Viar and Jaudenes's letter
of the 29th instant, whereupon he desired a consultation of Hamilton, Knox, E.
Randolph, and myself, on these points: 1. What notice was to be taken hereof to
Spain? 2. Whether it should make part of the communication to the legislature ?
I delivered my opinion, that it
320 Jefferson's Works
ought to be communicated to both Houses, because the communications intended to
be made, being to bring on the question, whether they would declare war against
any, and which of the nations or parts of the nations of Indians to the south,
it would be proper this information should be before them, that they might know
how far such a declaration would lead them. There might be some who would be
for war against the Indians, if it were to stop there, but who would not be for
it, if it were to lead to a war against Spain. I thought it should be laid
before both Houses, because it concerned the question of declaring war, which
was the function equally of both Houses. I thought a simple acknowledgment of
the receipt of the letter should be made by me to the Spanish Charges,
expressing that it contained some things very unexpected to us, but that we
should refer the whole, as they had proposed, to the negotiators at Madrid.
This would secure to us a continuation of the suspension of Indian hostilities,
which the Governor of New Orleans said he had brought about till the result of
the negotiation at Madrid should be known; would not commit us as to running or
not running the line, or imply any admission of doubt about our territorial
right ; and would avoid a rupture with Spain, which was much to be desired,
while we had similar points to discuss with Great Britain. Hamilton declared
himself the advocate for peace. War would derange our affairs greatly; throw us
The Anas 321
back many years in the march toward prosperity ; be difficult for us to pursue,
our countrymen not being disposed to become soldiers ; a part of the Union
feeling no interest in the war, would with difficulty be brought to exert
itself ; and we had no navy. He was for everything which would procrastinate
the event. A year, even, was a great gain to a nation strengthening as we were.
It laid open to us, too, the chapter of accidents, which, in the present state
of Europe, was a very pregnant one- That while, however, he was for delaying
the event of war, he had no doubt it was to take place between us for the
object in question; that jealousy and perseverance were remarkable features in
the character of the Spanish government, with respect to their American
possessions; that so far from receding as to their claims against us, they had
been strengthening themselves in them. He had no doubt the present
communication was by authority from the court. Under this impression, he
thought we should be looking forward to the day of rupture, and preparing for
it. That if we were unequal to the contest ourselves, it behooved us to provide
allies for our aid. That in. this view, but two nations could be named, France
and England. France was too intimately connected with Spain in other points,
and of too great mutual value, ever to separate for us. Her affairs too, were
such, that whatever issue they had, she could not be in a situation to
VOL.. 1-21
Jefferson's Works
make a respectable mediation for us. England alone, then, remained. It would
not be easy to affect it with her; however, he was for trying it, and for
sounding them on the proposition of a defensive treaty of alliance. The
inducements to such a treaty, on their part, might be, 1. The desire of
breaking up our former connections, which. we knew they had long wished. 2. A
continuance of the statu quo in commerce for ten years, which he believed would
be desirable to them. 3. An admission to some navigable part of the
Mississippi, by some line drawn from the Lake of the Woods to such navigable
part. He had not, he said, examined the map to see how such a line might be
run, so as not to make too great a sacrifice. The navigation of the Mississippi
being a joint possession, we might then take measures in concert for the joint.
security of it. He was, therefore, for immediately sounding them on this
subject through our ministers at London; yet so as to keep ourselves unengaged
as long as possible, in hopes a favorable issue with Spain might be otherwise
effected. But he was for sounding immediately, and for not letting slip an
opportunity of securing our object. E. Randolph concurred, in general, with me.
He objected that such an alliance could not be effected without pecuniary
consideration probably, which we could not give. And what was to be their aid ?
If men, our citizens would see their armies get foothold in the United States,
with great jealousy; it
The Anas 323
would be difficult to protect them. Even the French, during the distress of the
late war, excited some jealous sentiments. Hamilton said, money was often, but
not always demanded, and the aid he should propose to stipulate would be in
ships. Knox non dissentiente. The President said the remedy would be worse than
the disease, and stated some of the disagreeable circumstances which would
attend our making such overtures.
November, l792. Hamilton called on me to speak about our furnishing supplies to
the French colony of St. Domingo. He expressed his opinion, that we ought to be
cautious, and not go too far in our application of money to their use, lest it
should not be recognized by the mother country. He did not even think that some
kinds of government they might establish could give a sufficient sanction.(1) I
observed, that the National Convention
_______________
(1) There had been a previous consultation at the President's (about the first
week in November) on the expediency of suspending payments to France, under her
present situation. I had admitted that the late constitution was dissolved by
the dethronement of the King; and the management of affairs surviving to the
National Assembly only, this was not an integral Legislature, and therefore not
competent to give a legitimate discharge for our payments: that I thought,
consequently, that none should be made till some legitimate body came into
place; and that I should consider the National Convention called, but not met
as we had yet heard, to be a legitimate body. Hamilton doubted whether it would
be a legitimate body, and whether, if the King should be re-established, he
might not disallow such payments on
324 Jefferson's Works
was now met, and would certainly establish a form of government ; that as we
had recognized the former government because established by authority of the
nation, so we must recognize any other which should be established by the
authority of the nation. He said we had recognized the former, because it
contained an important member of the ancient, to wit : the King, and wore the
appearance of his consent; but if, in any future form, they should omit the
King, he did not know that we could with safety recognize it, or pay money to
its order.
November the l9th, l792. Beckley brings me the pamphlet written by Hamilton,
before the war, in answer to Common Sense. It is entitled " Plain Truth."
Melancthon Smith sends it to Beckley and in his letter says, it was not printed
in New York by Loudon, because prevented by a mob,. and was printed in
Philadelphia, and that he has these facts from Loudon.
November the 21st, 1792. Mr. Butler tells me, that he dined last winter with
Mr. Campbell from Denmark, in company with Hamilton, Lawrence,
_______________
good grounds. Knox, for once, dared to differ from Hamilton, and to express,
very submissively, an opinion, that a convention named by the whole body of the
nation, would be competent to do anything. It ended by agreeing, that I should
write to Gouverneur Morris to suspend payment generally, till further orders.
The Anas 325
Dr. Shippen, T. Shippen, and one other person whom he cannot recollect. That
after dinner political principles became the subject of conversation; that
Hamilton declared openly, that "there was .no stability, no security in any
kind of government but a monarchy. " That Lawrence took him up, and entered the
lists of argument against him; that the. dispute continued long, and grew warm,
remarkably so as between them ; that T. Shippen; at length, joined Lawrence in
it; and in fine, that it broke up the company. Butler recommended to the
company, that the dispute having probably gone farther than was intended, it
ought to be considered as confined to the company.
December the 10th, 1792. Present : Alexander Hamilton, General Knox, Edmund
Randolph, and Th: Jefferson, at the President's. It was agreed to reject
meeting the Indians at the proposed treaty; rather than to admit a mediation by
Great Britain ; but to admit the presence of Governor Simcoe, not as a party
(if that was insisted on) ; and that I should make a verbal communication to
Mr. Hammond, in substance, as on the back hereof, which I previously read to
the President.
December the 12th. I made the communication to Mr. Hammond. He said the
attendance of Governor Simcoe was a circumstance only men-
326 Jefferson's Works
tioned by him, but not desired; that he would decline it without difficulty;
declared it to be their most ardent wish that peace should take place, for
their fur-trade was entirely interrupted; and he urged as decisive proof of the
sincerity of their wish. lst. That they had kept the late Indian council
together six weeks at a very great expense, waiting for the Six Nations. ad.
That the Indians at that council were so perfectly satisfied of their desire
that they should make peace, that they had not so much as mentioned in council
the applying to the British for any supplies. I immediately communicated this
to the President.
December the l3th, 1792. The President called on me to see the model and
drawings of some mills of sawing stone. After showing them, he in the course of
a subsequent conversation asked me if there were not some good manufactories of
porcelain in Germany; that he was in want of table china, and had been speaking
to Mr. Shaw, who was going to the East Indies to bring him a set, but he found
that it would not come till he should no longer be in a situation to want it.
He took occasion a second time to observe that Shaw said it would be two years
at least, before he could have the china here, before which time he said he
should be where he should not need it. I think he asked the question about the
manufactories in Germany merely to
The Anas 327
have an indirect opportunity of telling me he meant to retire, and within the
limits of two years.
December the l7th. Hammond says the person is here to whom the Six Nations
delivered the invitation for Simcoe to attend, who says they insisted on it,
and would consider his non-attendance as an evidence that he does not wish for
peace; but he says that Simcoe has not the least idea of attending; that this
gentleman says we may procure in Upper Canada any quantity of provisions, which
the people will salt up expressly during winter; and that he will return and
carry our request whenever we are ready. ,
CONVERSATION WITH PRESIDENT WASHINGTON.
Thursday, December the 27th, 1792. I waited on the President on some current
business. After this was over, he observed to me, that he thought it was time
to endeavor to effect a stricter connection with France, and that Gouverneur
Morris should be written to on this subject. He went into the circumstances of
dissatisfaction between Spain and Great Britain, and us, and observed, there
was no nation on whom we could rely,. at all times, but France ; and that, if
we did not prepare in time some support, in the event of rupture with Spain and
England, we might be charged with a criminal negligence. [I was much pleased
with the tone of these observations. It was the very
328 Jefferson's Works
doctrine which had been my polar star, and I did not need the successes of the
republican arms in France, lately announced to us, to bring me to these
sentiments. For it is to be noted, that on Saturday last (the 22d) I received
Mr. Short's letters of October the 9th and 12th, with the Leyden gazettes to
October the l3th, giving us the first news of the retreat of the Duke of
Brunswick, and the capture of Spires and Worms by Custine, and that of Nice by
Anselme.] I therefore expressed to the President my cordial approbation of
these ideas; told him I had meant on that day (as an opportunity of writing by
the British packet would occur immediately) to take his orders for removing the
suspension of payments to France, which had been imposed by my last letter to
Gouverneur Morris, but was meant, as I supposed, only for the interval between
the abolition of the late constitution by the dethronement of the King, and the
meeting of some other body, invested by the will of the nation with powers to
transact their affairs ; that I considered the National Convention, then
assembled, as. such a body; and that, therefore, we ought to go on with the
payments to them, or to any government they should establish that, however, I
had learned last night.; that some clause in the bill for providing
reimbursement of the loan made by the bank to the United States, had given rise
to a question before the House of Representatives yesterday, which might affect
these pay
The Anas 329
ments ; a clause in that bill proposing, that the money formerly borrowed in
Amsterdam, to pay the French debt, and appropriated by law, (1690, August 4th,
c. 34, s. 2) to that purpose, lying dead as was suggested, should be taken to
pay the bank, and the President be authorized to borrow ' two millions of
dollars more, out of which it should be replaced; and if this should be done,
the removal of our suspension of payments, as I had been about to propose,
would be premature. He expressed his disapprobation of the clause above
mentioned; thought it highly improper in the Legislature to change an
appropriation once made, and added, that no one could tell in what that would
end. I concurred, but observed, that on a division of the House, the ayes for
striking out the clause were twenty-seven, the noes twenty-six; whereon the
Speaker gave his vote against striking out, which divides the House : the
clause for the disappropriation remained of course. I mentioned suspicions,
that the whole of this was a trick to serve the bank under a great existing
embarrassment; that the debt to the bank was to be repaid by instalments ; that
the first instalment was of two hundred thousand dollars only, or rather one
hundred and sixty thousand dollars, (because forty thousand of the two hundred
thousand dollars would be the United States' own dividend of the instalment).
Yet here were two millions to be paid them at once, and to be taken from a
purpose
330 Jefferson's Works
of gratitude and honor, to which it had been appropriated.
December the 30th, 1792. I took the occasion furnished by Pinckney's letter of
September the 19th, asking instructions how to conduct himself as to the French
revolution, to lay down the catholic principle of republicanism, to wit, that
every people may establish What form of government they please, and change it
as they please; the will of the nation being the only thing essential. I Was
induced to do this, in order to extract the President's opinion on the question
which divided Hamilton and myself in the conversation of November, l792, and
the previous one of the first week of November, on the suspension of payments
to France; and if favorable to mine, to place the principles of record in the
letter books of my office. I therefore wrote the letter of December the 30th,
to Pinckney, and sent it to the President, and he returned me his approbation
in writing, in his NOTE of the same date, which see.
CONVERSATION WITH PRESIDENT WASHINGTON. February the 7th, 1793. I waited on the
President with letters and papers from Lisbon. After going through these, I
told him that I had for some time suspended speaking with him on the subject of
my going out of office, because I had understood that the bill for intercourse
with foreign nations
The Anas 331
was likely to be rejected by the Senate, in which case, the remaining business
of the Department would be too inconsiderable to make it worth while to keep it
up. But that the bill being now passed, I was freed from the considerations of
propriety which had embarrassed me. That &c. [nearly in the words of a letter
to Mr. T. M. Randolph, of a few days ago,) and that I should be willing, if he
had taken no arrangements to the contrary, to continue somewhat longer, how
long I could not say, perhaps till summer, perhaps autumn. He said, so far from
taking arrangements on the subject, he had never mentioned to any mortal the
design of retiring which I had expressed to him, till yesterday, when having
heard that I had given up my house, and that it was rented by another, he
thereupon mentioned it to Mr. E. Randolph, and asked him, as he knew my
retirement had been talked of, whether he had heard any persons suggested in
conversation to succeed me. He expressed his satisfaction at my change of
purpose, and his apprehensions that my retirement would be a new source of
uneasiness to the public. He said Governor Lee had that day informed him of the
general discontent prevailing in Virginia, of which he never had had any
conception, much less sound information. That it appeared to him very alarming.
He proceeded to express his earnest wish that Hamilton and myself could
coalesce in the measures of the government, and urged here the general reasons
for it
332 Jefferson's Works
which he had done to me in two former conversations. He said he had proposed
the same thing to Hamilton, who expressed his readiness, and he thought our
coalition would secure the general acquiescence of the public. I told him my
concurrence was of much less importance than he seemed to imagine; that I kept
myself aloof from all cabal and correspondence on the subject of the
Government, and saw and spoke with as few as I could. That as to a coalition
with Mr. Hamilton, if by that was meant that either was to sacrifice his
general system to the other, it was impossible. We had both, no doubt, formed
our conclusions after the most mature consideration; and principles
conscientiously adopted, could not be given up on either side. My wish was, to
see both Houses of Congress cleansed of all persons interested in the bank or
public stocks; and that a pure legislature being given us, I should always be
ready to acquiesce under their determinations, even if contrary to my own
opinions; for that I subscribe to the principle, that the will of the majority,
honestly expressed, should give law. I confirmed him in the fact of the great
discontents to the south that they were grounded on seeing that their judgments
and interests were sacrificed to those of the eastern States on every occasion,
and their belief that it was the effect of a corrupt squadron of voters in
Congress, at the command of the Treasury; and they see that if the votes of
those members who
The Anas 333
had any interest distinct from, and contrary to the general interest of their
constituents, had been withdrawn, as in decency and honesty they should have
been, the laws would have been the reverse of what they are on all the great
questions. I instanced the new Assumption carried in the House of
Representatives by the Speaker's vote. On this subject he made no reply. He
explained his remaining in office to have been the effect of strong
solicitations after he returned here; declaring that he had never mentioned his
purpose of going out but to the Heads of Departments and Mr. Madison ; he
expressed the extreme wretchedness of his existence while in office, and went
lengthily into the late attacks on him for levees, &c., and explained to me how
he had been led into them by the persons he consulted at New York; and that if
he could but know what the sense of the public was, he would most cheerfully
conform to it.
February the l6th, 1793. E. Randolph tells J. Madison. and myself, a curious
fact which he had from Lear. When the President went to New York, he resisted
for three weeks the efforts to introduce levees. At length he yielded, and left
it to Humphreys and some others to settle the forms. Accordingly, an
ante-chamber and presence room. were provided, and when those who were to pay
their court were assembled, the President set out,
334 Jefferson's Works
preceded by Humphreys. After passing through the ante-chamber, the door of the
inner room was thrown open, and Humphreys entered first, calling out with a
loud voice, " the President of the United States." The President was so much
disconcerted with it, that he did not recover from it the whole time of the
levee, and when the company was gone, he said to Humphreys, " Well, .you have
taken me in once, but by God you shall never take me in a second time."
There is reason to believe that the rejection of the late additional Assumption
by the Senate, was effected by the President through Lear, operating on
Langdon. Beckley knows this.
February the 20th, 1793. Colonel W. S. Smith called on me to communicate
intelligence from France. He had left Paris November the Th. He said the French
ministers are entirely broken with Gouverneur Morris ; shut their doors to him,
and will never receive another communication from him. They wished Smith to be
the bearer of a message from the President, to this effect, but he declined;
and they said in that case they would press it through their own Minister here.
He said they are sending Genet here with full powers to give us all the
privileges we can desire in their countnes, and particularly in the West Indies
; that they even contemplate to set them free the next summer;
The Anas 335
that they propose to emancipate South America, and will send forty-five ships
oú the line there next spring, and Miranda at the head of the expedition ; that
they desire our debt to be paid them in provisions, and have authorized him to
negotiate this. In confirmation of this, he delivers a letter to the President
from Le Brun, Minister for Foreign Affairs, in which Le Brun says that Colonel
Smith will communicate plans worthy of his (the President's) great mind, and he
shall be happy to receive his opinion as to the means the most suitable to
effect it. I had, five or six days ago, received from Ternant, extracts. from
the lives of his Ministers, complaining oú both Gouverneur Morris and Mr.
Short. I sent them this day to the President with an extract from a private
letter of Mr. Short, justifying himself, and I called this evening on the
President. He said he considered the extracts from Ternant very serious-in
short, as decisive ; that he saw that Gouverneur Morris could be no longer
continued there consistent with the public good; that the moment was critical
in our favor, and ought not to be lost; that he was extremely at a loss what
arrangement to make. I asked him whether Gouverneur Morris and Pinckney might
not change places. He said that would be a sort of remedy, but not a radical
one. That if the French Ministry conceived Gouverneur Morris to be hostile to
them; if they would be jealous merely on his proposing to visit London, they
would never be satisfied with us at
336 Jefferson's Works
placing him at London permanently. He then observed, that though I had unfixed
the day on which I had intended to resign, yet I appeared fixed in doing it at
no great distance of time; that in this case, he could not but wish that I
would go to Paris; that the moment was important : I possessed the confidence
of both sides, and might do great good; that he wished I could do it, were it
only to stay there a year or two. I told him that my mind was so bent on
retirement that I could not think of launching forth again in a new business;
that I could never again cross the Atlantic; and that as to the opportunity of
doing good, this was likely to be the scene of action, as Genet was bringing
powers to do the business here ; but that I could not think of going abroad. He
replied that I had pressed him to continue in the public service, and refused
to do the same myself. I said the case was very different; he united the
confidence of all America, and was the only person who did so : his services
therefore were of the last importance; but for myself, my going out would not
be noted or known. A thousand others could supply my place to equal advantage,
therefore I felt myself free; and that as to the mission to France, I thought
perfectly proper. He desired me then to consider maturely what arrangement
should be made. Smith, in speaking of Morris, said, that at his own table, in
presence of his company and servants, he cursed the French Ministers, as a set
of damned
The Anas 337
rascals ; said the King would still be replaced upon his throne. He said he
knew they had written to have him recalled, and expected to be recalled. He
consulted Smith to know whether he would bring his furniture here duty free.
Smith has mentioned the situation of Gouverneur Morris freely to others here.
Smith said also that the Ministers told him they meant to begin their attack at
the mouth of the Mississippi, and to sweep along the Bay of Mexico southwardly,
and that they would have no objection to our incorporating into our Government
the two Floridas.
February the 25th, 1793. The President desires the opinions of the Heads oú the
three Departments, and of the Attorney General, on the following question, to
wit : Mr. Ternant having applied for money equivalent to three millions of
livres, to be furnished on account of our debt to France at the request of the
Executive of that country, which sum is to be laid out in provisions within the
United States, to be sent to France. Shall the money be furnished? The
Secretary of the Treasury stated it as his opinion, that making a liberal
allowance for the depreciation of assignats, (no rule of liquidation having
been yet fixed,) a sum of about three hundred and eighteen thousand dollars may
not exceed the arrearages equitably due to France to the end of 1792, and that
the whole sum asked for may be furnished within periods capable oú answering
the
VOL.. 1-22
338 Jefferson's Works
purpose of Mr. Ternant's application, without a derangement of the Treasury.
Whereupon the Secretaries of State and War, and the Attorney General, are of
opinion that the whole sum asked for by Mr. Ternant ought to be furnished the
Secretary of the Treasury is of opinion that the supply ought not exceed the
above-mentioned sum of three hundred and eighteen thousand dollars. The
President having required the attendance of the Heads of the three Departments,
and of the Attorney General, at his house, on Monday the 25th of February,
1793, the following questions were proposed, and answers given : 1. The
Governor of Canada having refused to let us obtain provisions from that
province, or to pass them along the water communication to the place of treaty
with the Indians ; and the Indians having refused to let them pass peaceably
along what they call the bloody path, the Governor of Canada at the same time
proposing to furnish the whole provisions necessary, ought the treaty to
proceed? Answer unanimously, it ought to proceed. 2. Have the Executive, or the
Executive and Senate together, authority to relinquish to the Indians the right
of soil of any part of the land north of the Ohio, which has been validly
obtained by former treaties ? The Secretary of the Treasury, the Secretary of
War, and Attorney General, are of opinion that the Executive and Senate have
such authority, provided
The Anas 339
that no grants to individuals, nor reservations to States, be thereby
infringed. The Secretary of State is of opinion they have no such authority to
relinquish.
3. Will it be expedient to make any such relinquishments to the Indians, if
essential to peace? The Secretaries of the Treasury and War, and the Attorney
General, are of opinion it will be expedient to make such relinquishments if
essential to peace, provided it do not include any lands sold or received for
special purposes (the reservations for trading places excepted): The Secretary
of State is of opinion that the Executive and Senate have authority to
stipulate with the Indians, and that if essential to peace, it will be
expedient to stipulate that we will not settle any lands between those already
sold, or reserved for special purposes, and the lines heretofore validly
established with the Indians.
Whether the Senate shall be previously consulted on this point. The opinion
unanimously is, that it will be better not to consult them previously.
February the 26th, 1793. Notes on the proceedings oú yesterday. [See the
formal opinions given to the President in writing, and signed.]
First question. We are all of opinion that the treaty should proceed merely to
gratify the public opinion, and not from an expectation of success. I expressed
myself strongly, that the event was so
340 Jefferson's Works
unpromising, that I thought the preparations for a campaign should go on
without the least relaxation, and that a day should be fixed with the
commissioners for the treaty, beyond which they should not permit the treaty to
be protracted, by which day orders should be given for our forces to enter into
action. The President took up the thing instantly, after I had said this, and
declared that he was so much of the opinion that the treaty would end in
nothing, that he then, in the presence of us all, gave orders to General Knox,
not to slacken the preparations for the campaign in the least, but to exert
every nerve in preparing for it. Knox said something about the ultimate day for
continuing the negotiations. I acknowledged myself not a judge on what day the
campaign should begin, but that whatever it was, that day should terminate the
treaty. Knox said he thought a winter campaign was always the most efficacious
against the Indians. I was of opinion, since Great Britain insisted on
furnishing provisions, that we should offer to repay. Hamilton thought we
should not. Second question. I considered our right of preemption of the Indian
lands, not as amounting to any dominion, or jurisdiction, or paramountship
whatever, but merely in the nature of a remainder after the extinguishment of a
present right, which gave us no present right whatever, but of preventing other
nations from taking possession, and so defeating our expectancy; that the
Indians had the full
The Anas 341
undivided and independent sovereignty as long as they choose to keep it, and
that this might be forever; that as fast as we extend our rights by purchase
from them, so fast we extend the limits of our society, and as soon as a new
portion became encircled within our line, it became a fixed limit of our
society ; that the Executive, with either or both branches of the legislature,
could not alien any part of our territory ; that by the law of nations it was
settled, that the unity and indivisibility of the society was so fundamental,
that it could not be dismembered by the constituted authorities, except, 1,
where all power was delegated to them (as in the case of despotic governments),
or, 2, where it was expressly delegated; that neither of these delegations had
been made to our general Government, and therefore, that it had no right to
dismember or alienate any portion of territory once ultimately consolidated
with us; and that we could no more cede to the Indians than to the English or
Spaniards, as it might, according to acknowledged principles, remain as
irrevocably and eternally with the one as the other. But I thought, that as we
had a right to sell and settle lands once comprehended within our lines, so we
might forbear to exercise that right, retaining the property till circumstances
should be more favorable to the settlement, and this I agreed to do in the
present instance, if necessary for peace. Hamilton agreed to the doctrine of
the law of nations, as laid down in Europe, but that it was
342 Jefferson's Works
founded on the universality of settlement there; consequently, that no lopping
off of territory could be made without a lopping off of citizens, which
required their consent; but that the law of nations for us must be adapted to
the circumstance of our unsettled country, which he conceived the President and
Senate may cede ; that the power of treaty was given to them by the
Constitution, without restraining it to particular objects; consequently, that
it was given in as plenipotentiary a form as held by any sovereign in any other
society. Randolph was of opinion there was a difference between a cession to
Indians and to any others, because it only restored the ceded part to the
condition in which it was before we bought it, and consequently, that we might
buy rt again hereafter; therefore, he thought the Executive and Senate could
cede it. Knox joined in the main opinion. The President discovered no opinion,
but he made some efforts to get us to join in some terms which could unite us
all, and he seemed to direct those efforts more towards me; but the thing could
not be done. Third question. We agreed in idea as to the line to be drawn, to
wit, so as to retain all lands appropriated, or granted, or reserved. Fourth
question. We all thought if the Senate should be consulted, and consequently
apprized of our line, it would become known to Hammond, and we should lose all
chance of saving anything more at the treaty than our ultimatum.
The Anas 343
The President, at this meeting, mentioned the declaration of some person, in a
paper of Fenno, that he would commence an attack on the character of Dr.
Franklin. He said the theme was to him excessively disagreeable on other
considerations, but most particularly so, as the party seemed to do it as a
means of defending him (the President) against the late attacks on him; that
such a mode of defence would be peculiarly painful to him, and he wished it
could be stopped. Hamilton and Randolph undertook to speak to Fenno to suppress
it, without mentioning it as the President's wish. Both observed that they had
heard this declaration mentioned in many companies, and that it had excited
universal horror and detestation. The paper in Fenno must lie between two
persons, viz., Adams and Izard, because they are the only persons who could
know such facts as are there promised to be unfolded. Adams is an enemy to both
characters, and might choose this ground as an effectual position to injure
both. Izard hated Franklin with unparalleled bitterness, but humbly adores the
President, because he is in loco regis. If the paper proceeds, we shall easily
discover which of these two gentlemen is the champion. In the meantime, the
first paper leads our suspicions more towards Izard than Adams, from the
circumstance of style, and because he is quite booby enough not to see the
injury he would do to the President by such a mode of defence.
344 Jefferson's Works
February the 28th. Knox, E. Randolph and myself met at Knox's, where Hamilton
was also to have met, to consider the time, manner and place of the President's
swearing in. Hamilton had been there before, and had left his opinion with Knox
to wit, that the President should ask a judge to attend him in his own house to
administer the oath, in the presence of the Heads of Departments, which oath
should be deposited in the Secretary of State's office. I concurred in this
opinion. Randolph was for the President's going to the Senate's chamber to take
the oath, attended by the Marshal of the United States, who should then make
proclamation, &c. Knox was for this, and for adding the House of
Representatives to the presence, as they would not yet be departed. Our
individual opinions were written, to be communicated to the President, out of
which he might form one. In the course of our 'conversation, Knox, sickling for
parade, got into great warmth, and swore that our Government must either be
entirely new modeled, or it would be knocked to pieces in less than ten years;
and that as it is at present, he would not give a copper for it; that it is the
President's character, and not the written constitution, which keeps it
together. Same day. Conversation with Lear. He ex- pressed the strongest
confidence that republicanism was the universal creed of America, except of a
very few; that a republican administration must oú necessity immediately
overbear the contrary faction;
The Anas 345
said that he had seen with extreme regret that a number of gentlemen had for a
long time been endeavoring to instil into the President, that the noise against
the administration of the Government was that of a little faction, which would
soon be silent, and which was detested by the people, who were contented and
prosperous ; that this very party, however, began to see their error, and that
the sense of America was bursting forth to their conviction.
March the 2d, 1793. See in the papers of this date, Mr. Giles's resolutions. He
and one or two others were sanguine enough to believe that the palpableness of
these resolutions rendered it impossible the House could reject them. Those who
knew the composition of the House, 1, of bank directors ; 2, holders of bank
stock; 3, stock jobbers; 4, blind devotees; 5, ignorant persons who did not
comprehend them; 6, lazy and good-humored persons, who comprehended and
acknowledged them, yet were too lazy to examine, or unwilling to pronounce
censure; the persons who knew these characters, foresaw that the three first
descriptions making one-third of the House, the three latter would make
one-half of the residue; and, of course, that they would be rejected by a
majority of two to one. But they thought that even this rejection would do
good, by showing the public the desperate and abandoned dispositions with which
their affairs were conducted. The reso-
346 Jefferson's Works
lutions were proposed, and nothing spared to present them in the fulness of
demonstration. There were not more than three or four who voted otherwise than
had been expected.
March the 30th, 1793. At our meeting at the President's, February the 25th, in
discussing the question, whether we should furnish to France the three millions
of livres desired, Hamilton, in speaking on the subject, used this expression,
" When Mr. Genet arrives, whether we shall receive him or not will then be a
question for discussion," which expression I did not recollect till E. Randolph
reminded me of it a few days after. Therefore, on the 20th instant, as the
President was shortly to set out for Mount Vernon, I observed to him, that as
Genet might arrive in his absence, I wished to know beforehand how I should
treat him, whether as a person who would or would not be received ? He said he
could see no ground of doubt but that he ought to be received. On the 24th he
asked E. Randolph's opinion on the subject, saying he had consulted Colonel
Hamilton thereon, who went into lengthy considerations of doubt and difficulty,
and viewing it as a very unfortunate thing that the President should have the
decision of so critical a point forced on him; but, in conclusion, said, since
he was brought into that situation, he did not see but that he must receive Mr.
Genet. Randolph told the President
The Anas 347
he was clear he should be received, and the President said he had never had any
doubt on the subject in his mind. Afterwards, on the same day, he spoke to me
again on it, and said Mr. Genet should unquestionably be received; but he
thought not with too much warmth or cordiality, so only as to be satisfactory
to him. I wondered at first at this restriction; but when Randolph afterwards
communicated to me his conversation of the 24th, I became satisfied it was a
small sacrifice to the opinion of Hamilton.
March the 3lst. Mr. Beckley tells me, that the merchants' bonds for duties on
six months' credit became due the 1st instant to a very great amount, that
Hamilton went to the bank on that day, and directed the bank to discount for
those merchants all their bonds at thirty days, and that he would have the
collectors credited for the money at the Treasury. Hence, the Treasury lumping
its receipts by the month in its printed accounts, these sums will be
considered by the public as only received on the last day ; consequently, the
bank makes the month's interest out of it. Beckley had this from a merchant who
had a bond discounted, and supposes a million of dollars were discounted at the
bank here. Mr. Brown got the same information from another merchant, who
supposed only six hundred thousand dollars discounted here. But they suppose
the same orders went to all the branch banks to a great amount.
348 Jefferson's Works
Eodem die. Mr. Brown tells me he has it from a merchant, that during the last
winter the directors of the bank ordered the freest discounts. Every man could
obtain it. Money being so flush, the six per cents run up to twenty-one and
twenty-two shillings. Then the directors sold out their private stocks. When
the discounted notes were becoming due, they stopped discounts, and not a
dollar was to be had. This reduced six per cents to eighteen shillings and
three pence; then the same directors bought in again.
April the 7th, 1793. Mr. Lear called on me, and introduced of himself a
conversation on the affairs of the United States. He laughed at the cry of
prosperity, and the deriving it from the establishment of the Treasury: he
said, that so far from giving into this opinion, and that we were paying off
our national debt, he was clear the debt was growing on us ; that he had lately
expressed this opinion to the President, who appeared much astonished at it. I
told him I had given the same hint to the President last summer, ' and lately
again had suggested, that we were even depending for the daily subsistence of
Government on borrowed money. He said, that was certain, and was the only way
of accounting for what was become of the money drawn over from Holland to this
country. He regretted that the President was not in the way of hearing full
information,
The Anas 349
declared he communicated to him everything he could learn himself; that the men
who vaunted the present Government so much on some occasions, were the very men
who at other times declared it was a poor thing, and such a one as could not
stand, and he was sensible they only esteemed it as a stepping stone to
something else, and had availed themselves of the first moments of the
enthusiasm in favor oú it, to pervert its principles and make of it what they
wanted ; and that though they raised the cry of anti-federalism against those
who censured the mode of administration, yet he was satisfied, whenever it
should come to be tried, that the very men whom they called anti-federalists,
were the men who would save the Government, and he looked to the next Congress
for much rectification.
April the l8th. The President sends a set of questions to be considered, and
calls a meeting. Though those sent me were in his own hand writing, yet it was
palpable from the style, their ingenious tissue and suite, that they were not
the President's that they were raised upon a prepared chain of argument, in
short, that the language was Hamilton's, and the doubts his alone. They led to
a declaration of the Executive, that our treaty with France is void. E.
Randolph, the next day, told me that the day before the date of these
questions, Hamilton went with him through the whole chain of
350 Jefferson's Works
reasoning of which these questions are the skeleton, and that he recognized
them the moment he saw them. We met. The first question, whether we should
receive the French minister, Genet, was proposed, and we agreed unanimously
that he should be received ; Hamilton, at the same time, expressing his great
regret that any incident had happened, which should oblige us to recognize the
government. The next question was, whether he should be received absolutely, or
with qualifications. Here Hamilton took up the whole subject, and went through
it in the order in which the questions sketch it. See the chain of his
reasoning in my opinions of April the 28th. Knox subscribed at once to
Hamilton's opinion that we ought to declare the treaty void, acknowledging, at
the same time, like a fool as he is, that he knew nothing about it. I was clear
it remained valid. Randolph declared himself of the same opinion, but on
Hamilton's undertaking to present to him the authority in' Vattel (which we had
not present) and to prove to him, that if the authority was admitted, the
treaty might be declared void, Randolph agreed to take further time to
consider. It was adjourned. We determined, unanimously; the last question, that
Congress should not be called. There having been an intimation by Randolph,
that in so great a question he should choose to give a written ' opinion, and
this being approved by the President, I gave in mine April
The Anas 351
the a 8th. Hamilton gave in his. I believe Knox's was never thought worth
offering or asking for. Randolph gave his May the 6th, concurring with mine.
The President told me, the same day, he had never had a doubt about the
validity of the treaty; but that since a question had been suggested, he
thought it ought to be considered; that this being done, I might now issue
passports to sea vessels in the form prescribed by the French treaty. I had for
a week past only issued the Dutch form; to have issued the French, would have
been presupposing the treaty to be in existence. The President suggested, that
he thought it would be as well that nothing should be said of such a question
having been under consideration.
Written May the 6th.
May the 6th, 1793. When the question was, whether the proclamation of April
the 22d should be issued, Randolph observed, that there should be a letter
written by me to the Ministers of the belligerent powers, to declare that it
should not be taken as conclusive evidence against our citizens in foreign
courts of admiralty, for contraband goods. Knox suddenly adopted the opinion,
before Hamilton delivered his. Hamilton opposed it pretty strongly. I thought
it an indifferent thing, but rather approved Randolph's opinion. The President
was against it; but observed that as there were three
352 Jefferson's Works
for it, it should go. This was the first instance I had seen of an opportunity
to decide by a mere majority, including his own vote.
May the 12th. Lear called on me to-day. Speaking of the lowness of stocks,
(sixteen shillings,) I observed it was a pity we had not money to buy on public
account. He said, yes, and that it was the more provoking, as two millions had
been borrowed for that purpose, and drawn over here, and yet were not here.
That he had no doubt those would take notice of the circumstance whose duty it
was to do so. I suppose he must mean the President.
May the 23d. I had sent to the President yesterday, draughts of a letter from
him to the Provisory Executive Council of France, and of one from myself to Mr.
Ternant, both on the occasion of his recall. I called on him to-day. He said
there was an expression in one of them, which he had never before seen in any
of our public communications, to wit, " our republic." The letter prepared for
him to the Council, began thus : " The Citizen Ternant has delivered to me the
letter wherein you inform me, that yielding, &c., you had determined to recall
him from his mission, as your Minister Plenipotentiary to our republic." He had
underscored the words our republic. He said that certainly ours was a
republican government, but yet we had not used
The Anas 353
that style in this way ; that if any body wanted to change its form into a
monarchy, he was sure it was only a few individuals, and that no man in the
United States would set his face against it more than himself ; but that this
was not what he was afraid of ; his fears were from another quarter; that there
was more danger of anarchy being introduced. He adverted to a piece in
Freneau,s paper of yesterday; he said he despised all their attacks on him
personally, but that there never had been an act of the Government, not meaning
in the executive line only, but in any line, which that paper had not abused.
He had also marked the word republic thus €, where it was applied to the French
republic. (See the original paper.) He was evidently sore and warm, and I took
his intention to be, that I should interpose in some way with Freneau, perhaps
withdraw his appointment of translating clerk to my office. But I will not do
it. His paper has saved our Constitution, which was galloping fast into
monarchy, and has been checked by no one means so powerfully as by that paper.
It is well and universally known, that it has been that paper which has checked
the career of the monocrats; and the President, not sensible of the designs of
the party, has not with his usual good sense and sang froid, looked on the
efforts and effects of this free press, and seen that, though some bad things
have passed through it to the public; yet the good have preponderated
immensely. VOL. 1-23
354 Jefferson's Works
June the 7th, 1793. Mr. Beckley, who has returned from New York within a few
days, tells me that while he was there, Sir John Temple, Consul General of the
northern States for Great Britain, showed him a letter from Sir Gregory Page
Turner, a member of Parliament for a borough in Yorkshire, who, he said, had
been a member for twenty-five years, and always confidential for the Ministers,
in which he permitted him to read particular passages of the following purport
: " that the Government was well apprized of the predominancy of the British
interest in the United States; that they considered Colonel Hamilton, Mr. King,
and Mr. W. Smith of South Carolina, as the main supports of that interest; that
particularly, they considered Colonel Hamilton, and not Mr. Hammond, as their
effective Minister here; that if the anti-federal interest (that was his term),
at the head of which they considered Mr. Jefferson to be, should prevail, these
gentlemen had secured an asylum to themselves in England." Beckley could not
understand whether they had secured it themselves,(1) or whether they were only
notifed that it was secured to them. So that they understand that they may go
on boldly in their machinations to change the Government, and if they should be
overset and choose to withdraw, they will be secure of a pension in England, as
Arnold, Deane, &c., had. Sir John read passages of a letter (which
[ (1) In the margin is written, by Mr. Jefferson, " Impossible as to Hamilton;
he was far above that."]
The Anas 355
he did not put into Beckley's hand, as he did the other) from Lord Grenville,
saying nearly the same things. This letter mentions to Sir John, that though
they had divided the Consul Generalship, and given the southern department to
Bond, yet he, Sir John, was to retain his whole salary. [By this it would seem,
as if, wanting to use Bond, they had covered his employment with this cloak.]
Mr. Beckley says that Sir John Temple is a strong republican. I had a proof of
his intimacy with Sir John in this circurnstance. Sir John received his new
commission of Consul for the northern department, and instead of sending it
through Mr. Hammond, got Beckley to enclose it to me for his exequatur. I wrote
to Sir John that it must come through Mr. Hammond, enclosing it back to him. He
accordingly then sent it to Mr. Hammond. In conversation with the President
to-day, and speaking about General Greene, he said that he and General Greene
had always differed in opinion about the manner of using militia. Greene always
placed them in his front: himself was of opinion, they should always be used as
a reserve to improve any advantage, for which purpose they were the finest
fellows in the world. He said he was on the ground of the battle of Guilford,
with a person who was in the action, and who explained the whole of it to him.
That General Greene's front was behind a fence at the edge of a large field,
through which the enemy were obliged to pass to get at them; and that in
356 Jefferson's Works
their passage through this, they must have been torn all to pieces, if troops
had been posted there who would have stood their ground ; and that the retreat
from that position was through a thicket, perfectly secure. Instead of this, he
posted the North Carolina militia there, who only gave one fire and fell back,
so that the whole benefit of their position was lost. He thinks that the
regulars, with their field pieces, would have hardly let a single man get
through that field.
Eodem die (June the 7th). Beckley tells me that he has the following fact from
Governor Clinton. That before the proposition for the present General
Government, I. e. a little before Hamilton conceived a plan for establishing a
monarchial government in the United States, he wrote a draught of a circular
letter, which was to be sent to about persons, to bring it about. One of these
letters, in Hamilton's handwriting, is now in possession of an old militia
General up the North River, who, at that time, was thought orthodox enough to
be entrusted in the execution. This General has given notice to Governor
Clinton that he has this paper, and that he will deliver it into his hands, and
no one's else. Clinton intends, the first interval of leisure, to go for it,
and he will bring it to Philadelphia. Beckley is a man of perfect truth as to
what he affirms of his own knowledge, but too credulous to what he hears from
others.
The Anas 357
June the 10th, 1793. Mr. Brown gives me the following specimen of the phrenzy
which prevailed at New York on the opening of the new Government. The first
public ball which took place after the President's arrival there, Colonel
Humphreys, Colonel W. S. Smith and Mrs. Knox were to arrange the ceremonials.
These arrangements were as follows: a sofa at the head of the room, raised on
several steps, whereon the President and Mrs. Washington were to be seated. The
gentlemen were to dance in swords. Each one, when going to dance, was to lead
his partner to the foot of the sofa, make a low obeisance to the President and
his lady, then go and dance, and when done, bring his partner again to the foot
of the sofa for new obeisance, and then to retire to their chairs. It was to be
understood, too, that gentlemen should be dressed in bags. Mrs. knox contrived
to come with the President, and to follow him and Mrs. Washington to their
destination, and she had the design of forcing an invitation from the President
to a seat on the sofa. She mounted up the steps after them unbidden, but
unfortunately the wicked sofa was so short, that when the President and Mrs.
Washington were seated, there was not room for a third person; she was obliged,
therefore, to descend in the face of the company, and to sit where she could.
In other respects the ceremony was conducted rigorously according to the
arrangements; and the President made to pass an evening which his good sense
rendered a very miserable one to him.
358 Jefferson's Works
June the 12th. Beckley tells me that Klingham has been with him to-day, and
relates to him the following fact: A certificate of the old Congress had been
offered at the Treasury and refused payment, and so indorsed in red ink as
usual. This certificate came to the hands of Francis, (the quondam clerk of the
Treasury, who, on account of his being dipped in the infamous case of the Baron
Glaubec, Hamilton had been obliged to dismiss, to save appearances, but with an
assurance of all future service, and he accordingly got him established in New
York). Francis wrote to Hamilton that such a ticket was offered him, but he
could not buy it unless he would inform him and give him his certificate that
it was good. Hamilton wrote him a most friendly letter, and sent him the
certificate. He bought the paper, and came on here and got it recognized,
whereby he made twenty-five hundred dollars. Klingham saw both the letter and
certificate. Irving, a clerk in the Treasury, an Irishman, is the author of the
pieces now coming out under the signature of Veritas, and attacking the
President. I have long suspected this detestable game was playing by the fiscal
party, to place the President on their side.
CABINET MEETINGS.
June the 17th, 1793. At a meeting of the Heads of Department at the President's
this day, on sum- mons from him, a letter from Mr. Genet of the 15th
The Anas 359
inst. (addressed to the Secretary of State on the subject of the seizure of a
vessel by the Governor of New York, as having been armed, equipped and manned
in that port, with a design to cruise on the enemies of France), was read, as
also the draught of an answer prepared by the Secretary of State, which was
approved. Read, also, a letter of June 14th from Mr. Hammond to the Secretary
of State, desiring to know whether the French privateers, the Citizen Genet,
and Sans Culottes, are to be allowed to return or send their prizes into the
ports of the United States. It is the opinion that he be informed that they
were required to depart to the dominions of their own sovereign, and nothing
expressed as to their ulterior proceedings ; and that in answer to that part
which states that the Sans Culottes had increased its force in the port of
Baltimore, and remained there in the avowed intention of watching the motions
of a valuable ship now lying there, it be answered that we expect the speedy
departure of those privateers will obviate the inconveniences apprehended, and
that it will be considered whether any practical arrangements can be adopted to
prevent the augmentations of the force of armed vessels.
THOMAS JEFFERSON. ALEXANDER HAMILTON. HENRY KNOX.
360 Jefferson's Works
June the 20th, 1793 At a meeting this day of the Heads of Department at the
President's, on summons from him, a letter from Messrs. Viar and Jaudines,
dated June 18th, and addressed to the Secretary of State, was read; whereupon
it is the opinion that a full detail of the proceedings of the United States
with respect to the southern Indians and the Spaniards be prepared, and a
justification as to the particular matters charged in the said letter; that
this be sent, with all the necessary documents, to our Commissioners at the
court of Madrid, leaving to them a discretion to change expressions in it which
to them may appear likely to give offence in the circumstances under which they
may be at the time of receiving it; and that a copy be sent to Mr. Pinckney for
his information, and to make such use of the matter it contains as to him
should seem expedient ; that an answer be written to Messrs. Viar and Jaudines
informing them that we shall convey our sentiments on the subject to their
court through our commissioners at Madrid, and letting them see that we are not
insensible to the style and manner of their communications. A draught of a
letter from the Secretary of State to Mr. Hammond, asking when an. answer to
his letter of May 29th, 1792, might be expected, was read and approved.
THOMAS JEFFERSON. ALEXANDER HAMILTON. HENRY KNOX.
The Anas 361
July the 5th, 1793. A meeting desired by Alexander Hamilton at my office.
Himself, Knox, and myself met accordingly. He said that according to what had
been agreed on in presence of the President, in consequence of Mr. Genet's
declining to pay the $45,000 at his command in the treasury, to the holders of
the St. Domingo bills, we had agreed to pay the holders out of other moneys to
that amount ; that he found, however, that these bills would amount to $90,000
and the question was whether he should assume $90,000 to be paid out of the
September instalment. This, he said, would enable holders to get discounts at
the banks, would therefore be equal to ready money, and save them from
bankruptcy. Unanimously agreed to. We also agreed to a letter written by
General Knox to Governor Mifflin, to have a particular inquiry made whether the
Little Sarah is arming, &c., or not. I read also Governor Lee's letter about
the Governor of South Carolina's proclamation respecting pestilential disease
in West Indies. We are all of opinion the evidence is too slight for
interference, and doubt the power to interfere. Therefore let it lie. Mr. Genet
called on me, and read to me very rapidly instructions he had prepared for
Michaud, who is going to Kentucky ; an address to the inhabitants of Louisiana,
and another to those of Canada. In these papers it appears that, besides
encouraging those inhabitants to insurrection, he speaks of two generals in
Kentucky who have proposed to him
362 Jefferson's Works
to go and take New Orleans, if he will furnish the expense, about £3,000
sterling. He declines advancing it, but promises that sum ultimately for their
expenses; proposes that officers shall be commissioned by himself in Kentucky
and Louisiana; that they shall rendezvous out of the territories of the United
States, suppose in Louisiana, and there making up a battalion to be called
the----- --of inhabitants of Louisiana and Kentucky, and getting what Indians
they could, to undertake the expedition against New Orleans, and then Louisiana
to be established into an independent State, connected in commerce with France
and the United States; that two frigates shall go into the river Mississippi,
and co-operate against New Orleans. The address to Canada was to encourage them
to shake off English yoke, to call Indians to their assistance, and to assure
them of the friendly dispositions of their neighbors of the United States. He
said he communicated these things to me, not as Secretary of State, but as Mr.
Jefferson. I told him that his enticing officers and soldiers from Kentucky to
go against Spain, was really putting a halter about their necks; for that they
would assuredly be hung if they commenced hostilities against a nation at peace
with the United States. That leaving out that article I did not care what
insurrections should be excited in Louisiana. He had about a fortnight ago sent
me a communication for Michaud as consul of France at Kentucky, and desired an
Exequatur.
The Anas 363
I told him this could not be given, that it was only in the ports of the United
States they were entitled to consuls, and that if France should have a consul
at Kentucky, England and Spain would soon demand the same, and we should have
all our interior country filled with foreign agents. He acquiesced, and asked
me to return the commission and his note, which I did; but he desired I would
give Michaud a letter of introduction for Governor Shelby. I sent him one a day
or two after. He now observes to me that in that letter I speak of him only as
a person of botanical and natural pursuits, but that he wished the Governor to
view him as something more; as a French citizen possessing his confidence. I
took back the letter and wrote another.
MEMORANDUM OF A MEETING AT THE STATE HOUSE,
PHILADELPHIA, RELATIVE TO THE CASE
OF THE LITTLE SARAH.
July the 8th, 1793. At a meeting at the State House of the City of
Philadelphia, Present: the Secretary of State, the Secretary of the Treasury,
the Secretary of War. It appears that a brigantine, called the Little Sarah,
has been fitted out at the port of Philadelphia, with fourteen cannon and all
other equipment, indicating that she is intended to cruise under the authority
of France, and that she is now lying in the river Delaware, at some place
between this city
364 Jefferson's Works
and Mud Island; that a conversation has been had between the Secretary of State
and the Minister Plenipotentiary of France, in which conversation. the Minister
refused to give any explicit assurance that the brigantine would continue until
the arrival of the President, and his decision in the case, but made
declarations respecting her not being ready to sail within the time of the
expected return of the President, from which the Secretary of State infers with
confidence, that she will not sail till the President will have an opportunity
of considering and determining the case ; that in the course of the
conversation, the Minister declared that the additional guns which had been
taken in by the Little Sarah were French property, but the Governor of
Pennsylvania declared that he has good ground to believe that two of her cannon
were purchased here of citizens of Philadelphia. The Governor of Pennsylvania
asks advice what steps, under the circumstances, he shall pursue? The Secretary
of the Treasury and the Secretary of War are of opinion, that it is expedient
that immediate measures should be taken provisionally for establishing a
battery on Mud Island, under cover of a party of militia, with direction that
if the brig Sarah should attempt to depart before the pleasure of the President
shall be known concerning her, military coercion be employed to arrest and
prevent her progress. The Secretary of State dissents from this opinion.
The Anas 365
REASONS FOR SECRETARY OF STATE'S DISSENT.
I am against the preceding opinion of the Secretaries of the Treasury and War,
for ordering a battery to be erected on Mud Island, and firing on the Little
Sarah, an armed vessel of the Republic of France : Because I am satisfied, from
what passed between Mr. Genet and myself at our personal interview yesterday,
that the vessel will not be ordered to sail till the return of the President,
which, by a letter of this day's post, we may certainly expect within eight and
forty hours from this time. Because the erecting a battery and mounting guns to
prevent her passage might cause a departure not now intended, and produce the
fact it is meant to prevent. Because were such battery and guns now in
readiness and to fire on her, in the present ardent state of her crew just in
the moment of leaving port, it is morally certain that bloody consequences
would follow. No one could say how many lives would be lost on both sides, and
all experience has shown that blood once seriously spilled between nation and
nation, the contest is continued by subordinate agents, and the door of peace
is shut. At this moment, too, we expect in the river twenty of their ships of
war, with a fleet of from one hundred to one hundred and fifty of their private
vessels, which will arrive at the scene of blood in time to continue it, if not
to partake in it.
Jefferson's Works
Because the actual commencement of hostilities against a nation, for such this
act may be, is an act of too serious consequence to our countrymen to be
brought on their heads by subordinate officers, not chosen by them nor clothed
with their confidence ; and too presumptuous on the part of those officers,
when the chief magistrate, into whose hands the citizens have committed their
safety, is within eight and forty hours of his arrival here, and may have an
opportunity of judging for himself and them, whether the buying and carrying
away two cannon, (for according to information, the rest are the nation's own
property, ) is sufficient cause of war between Americans and Frenchmen.
Because, should the vessel, contrary to expectation, depart before the
President's arrival, the adverse powers may be told the truth of the case :
that she went off contrary to what we had a right to expect; that we shall be
justifiable in future cases to measure our confidence accordingly ; that for
the present we shall demand satisfaction from France, which, with the proof of
good faith we have already given, ought to satisfy them. Above all, Great
Britain ought not to complain : for, since the date of the order forbidding
that any of the belligerent powers should equip themselves in our ports with
our arms, these two cannon are all that have escaped the vigilance of our
officers on the part of their enemies, while their vessels have carried off
more than ten times the number, without any
The Anas 367
impediment ; and if the suggestion be true (and as yet it is but suggestion)
that there are fifteen or twenty Americans on board the Little Sarah, who have
gone with their own consent, it is equally true that more than ten times that
number of Americans are at this moment on board English ships of war, who have
been taken forcibly from our merchant vessels at sea or in port, wherever met
with, and compelled to bear arms against the friends of their country. And is
it less a breach of our neutrality towards France to suffer England to
strengthen herself with our force, than towards England to suffer France to do
so ? And are we equally ready and disposed to sink the British vessels in our
ports by way of reprisal for this notorious and avowed practice ? Because it is
inconsistent for a nation which has been patiently bearing for ten years the
grossest insults and injuries from their late enemies, to rise at a feather
against their friends and benefactors; and that, too, in a moment when
circumstances have kindled the most ardent affections of the two people towards
each other; when the little subjects of displeasure which have arisen are the
acts of a particular individual, not yet important enough to have been carried
to his government as causes of complaint; are such as nations of moderation and
justice settle by negotiation, not making war their first step ; are such as
that government would correct at a word, if we may judge from the late
unequivocal
368 Jefferson's Works
demonstrations of their friendship towards us; and are very slight shades of
the acts committed against us by England, which we have been endeavoring to
rectify by negotiation, and on which they have never condescended to give any
answer to our Minister. Because I would not gratify the combination of kings
with the spectacle of the two only republics on earth destroying each other for
two cannon; nor would I, for infinitely greater cause, add this country to that
combination, turn the scale of contest, and let it be from our hands that the
hopes of man received their last stab. It has been observed that a general
order has been already given to stop by force vessels arming contrary to rule
in our ports, in which I concurred. I did so because it was highly presumable
that the destination of such a vessel would be discovered in some early stage,
when there would be few persons on board, these not yet disposed nor prepared
to resist, and a small party of militia put aboard would stop the procedure
without a marked infraction of the peace.. But it is a much more serious thing
when a vessel has her full complement of men, (here said to be one hundred and
twenty,) with every preparation and probably with disposition to go through
with their enterprise. A serious engagement is then a certain consequence.
Besides, an act of force, committed by an officer in a distant port, under
general orders, given long ago; to take
The Anas 369
effect on all cases, and with less latitude of discretion in him, would be a
much more negotiable case than a recent order, given by the general Government
itself (for that is the character we are to assume) on the spot, in the very
moment, pointed at this special case, professing full discretion and not using
it. This would be a stubborn transaction, not admitting those justifications
and explanations which might avert a war, or admitting such only as would be
entirely humiliating to the officers giving the order, and to the Government
itself. On the whole, respect to the chief magistrate, respect to our
countrymen, their lives, interests, and affection, respect to a most friendly
nation, who, if we give them the opportunity, will answer our wrongs by
correcting and not by repeating them ; respect to the most sacred cause that
ever man was engaged in, poising maturely the evils which may flow from the
commitment of an act which it would be in the power and probably in the temper
of subordinate agents to make an act of continued war, and those which may flow
from an eight and forty hours suspension of the act, are motives with me for
suspending it eight and forty hours, even should we thereby lose the
opportunity of committing it altogether.
VOL. 1-24
370 Jefferson's Works
COPY OF A MINUTE GIVEN TO THE PRESIDENT. July the l2th, 1793. At a meeting of
the Heads of the Departments at the President's, on summons from him, and on
consideration of various representations from the Minister Plenipotentiary of
France and Great Britain, on the subject of vessels arming and arriving in our
ports, and of prizes;-it is their opinion that letters be written to the said
ministers, informing them that the Executive of the United States is desirous
of having done what shall be strictly conformable to the treaties of the United
States; and the laws respecting the said cases has determined to refer the
questions arising therein to persons learned in the laws; that as this
reference will occasion some delay, it is expected that, in the meantime, the
Little Sarah, or Little Democrat, the ship Jane, and the ship William, in the
Delaware, the Citoyen Genet and her prizes, the brigs LovelyLass and Prince
William Henry, and the brig in the Chesapeake, do not depart till the further
order of the President. That letters be addressed to the Judges of the Supreme
Court of the United States, requesting their attendance at this place on
Thursday the l8th instant, to give their advice on certain matters of public
concern, which will be referred to them by the President. That the Governor be
desired to have the ship Jane attended to with vigilance, and if she be found
The Anas 371
augmenting her force and about to depart, that he cause her to be stopped.
THOMAS JEFFERSON. ALEXANDER HAMILTON. HENRY KNOX.
A RECAPITULATION OF QUESTIONS WHEREUPON CABINET MEMBERS HAVE GIVEN OPINIONS.
Does the treaty with France leave us free to prohibit her from arming vessels
in our ports? Thomas Jefferson, Hamilton, Knox, and Randolph-unanimous-it does.
As the treaty obliges us to prohibit the enemies of France from arming in our
ports, and leaves us free to prohibit France, do not the laws of neutrality
oblige us to prohibit her ? Same persons answer they do. How far may a
prohibition now declared be retrospective to the vessels armed in Charleston
before the prohibition, to wit, the Citoyen Genet and Sans Culottes, and what
is to be done with these prizes ? Thomas Jefferson,-It cannot be retrospective
at all ; they may sell their prizes, and continue to act freely as other armed
vessels of France. Hamilton and Knox,-The prizes ought to be given up to the
English, and the privateers suppressed. Randolph, -They are free to sell their
prizes, and the privateers should be ordered away, not to return here till they
shall have been to the dominions of their own sovereign, and thereby purged the
illegality of their
372 Jefferson's Works
origin. This last opinion was adopted by the President. Our citizens who have
joined in these hostilities against nations at peace with the United States,
are they punishable ? E. Randolph gave an official opinion-they were. Thomas
Jefferson, Hamilton and Knox joined in the opinion. All thought it our duty to
have prosecutions instituted against them, , that the laws might pronounce on
their case. In the first instance, two only were prosecuted merely to try the
question, and to satisfy the complaint of the British men; and because it was
thought they might have offended unwittingly. But a subsequent armament of a
vessel at New York taking place with full knowledge of this prosecution, all
the persons engaged in it, citizens and foreigners, were ordered to be
prosecuted. May the prohibition extend to the means of the party arming, or are
they only prohibited from using our means for the annoyance of their enemies?
Thomas Jefferson of opinion they are free to use their own means, i.e., to
mount their own guns, &c. Hamilton and Knox of opinion they are not to put even
their own implements or means into a posture of annoyance. The President has as
yet not decided this. May an armed vessel arriving here be prohibited to employ
their own citizens found here as seamen or mariners ? Thomas Jefferson,-They
cannot be prohibited to recruit their own citizens. Hamilton
The Anas 373
and Knox,-They may and ought to be prohibited. No decision yet by the
President. It appears to me the President wished the Little Sarah had been
stopped by military coercion, that is, by firing on her ; yet I do not believe
he would have ordered it himself had he been here, though he would be glad if
we had ordered it. The United States being a ship-building nation, may they
sell ships, prepared for war, to both parties? Thomas Jefferson,-They may sell
such ships in their ports to both parties, or carry them for sale to the
dominions of both parties. E. Randolph of opinion they could not sell them
here; and that if they attempted to carry them to the dominions of the parties
for sale, they might be seized by the way as contraband. Hamilton of same
opinion, except that he did not consider them as sizable for contraband, but as
the property of a power, making itself a party in the way by an aid of such a
nature, and consequently that it would be a breach of neutrality. Hamilton
moves that the Government of France be desired to recall Mr. Genet. Knox adds
that he be in the meantime suspended from his functions. Thomas Jefferson
proposes that his correspondence be communicated to his Government, with
friendly observations. President silent.
July the 15th. Thomas Jefferson, Hamilton and Knox met at the President's.
Governor Mifflin had
374 Jefferson's Works
applied to Knox for the loan of four cannon to mount at Mud Island. He informed
him he should station a guard of thirty-five militia there, and asked what
arrangement for rations the general Government had taken. Knox told him nothing
could be done as to rations, and he would ask the President for the cannon. In
the meantime, he promised him to put the cannon on board a boat, ready to send
off as soon as permission was obtained. The President declared his own opinion
first and fully, that when the orders were given to the Government to stop
vessels arming, &c., in our ports, even by military force, he took for granted
the Government would use such diligence as to stop those projects in embryo,
and stop them when no force was requisite, or a very small party of militia
would suffice; that here was a demand from the Government of Pennsylvania to
land four cannon under pretext of executing orders of the general Government;
that if this was granted, we should be immediately applied to by every other
Governor, and that not for one place only, but for several, and our cannon
would be dispersed all over the United States ; that for this reason we would
refuse the same request to the Governors of South Carolina, Virginia, and Rhode
Island; that if they erected batteries, they must establish men for them, and
would come on us for this, too. He did not think the Executive had a power to
establish permanent guards : he had never looked to anything permanent when the
orders were given to the Governors, but
The Anas 375
only an occasional call on small parties of militia in the moments requiring
it. These sentiments were so entirely my own, that I did little more than
combat on the same grounds the opinions of Hamilton and Knox. The latter said
he would be ready to lend an equal number to every government to carry into
effect orders of such importance; and Hamilton, that he would be willing to
lend them in cases where they happened to be as near the place where they were
to be mounted. Hamilton submitted the purchase of a large quantity of
saltpetre, which would outrun the funds destined to objects of that class by
Congress. We were unanimous we ought to venture on it, and to the procuring
supplies of military stores in the present circumstances, and take on us the
responsibility to Congress, before whom it should be laid. The President was
fully of the same opinion. In the above case of the cannon, the President gave
no final order while I remained ; but I saw that he was so impressed with the
disagreeableness of taking them out of the boat again, that he would yield. He
spoke sharply to Knox for having put them in that position without consulting
him, and declared that, but for that circumstance, he would not have hesitated
one moment to refuse them.
July the 18th, 1793. Lear calls on me. I told him that Irving, an Irishman, and
a writer in the
376 Jefferson's Works
Treasury, who, on a former occasion, had given the most decisive proofs of his
devotion to his principal, was the author of the pieces signed Veritas ; and I
wished he could get at some of Irving's acquaintances and inform himself of the
fact, as the person who told me of it would not permit the name of his informer
to be mentioned; [Note.-Beckley told me of it, and he had it from Swaine, the
printer to whom the pieces were delivered;] that I had long before suspected
this excessive foul play in that party, of writing themselves in the character
of the most exaggerated democrats, and incorporating with it a great deal of
abuse on the President, to make him believe it was that party who were his
enemies, and so throw him entirely into the scale of the monocrats. Lear said
he no longer ago than yesterday, expressed to the President his suspicions of
the artifices of that party to work on him. He mentioned the following fact as
a proof of their writing in the character of their adversaries; to wit, the day
after the little incident of Richet's toasting " the man of the people," (see
the gazettes,) Mrs. Washington was at Mrs. Powel's, who mentioned to her that
when the toast was given, there was a good deal of disapprobation appeared in
the audience, and that many put on their hats and went out ; on inquiry, he had
not found the fact true, and yet it was put into ---'S paper, and written under
the character of a republican, though he is satisfied it is altogether a
slander of the monocrats. He mentioned this to the Presi-
The Anas 377
dent, but he did not mention to him the following fact, which he knows ; that
in New York, the last summer, when the parties of Jay and Clinton were running
so high, it was an agreed point with the former, that if any circumstances
should ever bring it to a question, whether to drop Hamilton or the President,
they had decided to drop the President. He said that lately one of the loudest
pretended friends to the Government, damned it, and said it was good for
nothing, that it could not support itself, and it was time to put it down and
set up a better; and yet the same person, in speaking to the President, puffed
off that party as the only friends to the Government. He said he really feared,
that by their artifices and industry, they would aggravate the President so
much against the republicans, as to separate him from the body of the people. I
told him what the same cabals had decided to do, if the President had refused
his assent to the bank bill; also what Brockhurst Livingston said to-- , that
Hamilton's life was much more precious to the community than the President's.
CABINET MEETINGS.
July the 29th, 1793. At a meeting at the President's on account of the British
letter-of-marque, ship Jane, said to have put up waste boards, to have pierced
two port holes, and mounted two cannon (which she brought in) on new carriages
which she did not bring in, and consequently having sixteen,
378 Jefferson's Works
instead of fourteen, guns mounted, it was agreed that a letter-of-marque, or
vessel arme' en guerre, and en merchandise, is not a privateer, and therefore
not to be ordered out of our ports. It was agreed by Hamilton, Knox, and
myself, that the case of such a vessel does not depend on the treaties, but on
the law of nations. Edmund Randolph thought, as she had a mixed character of
merchant vessel and privateer, she might be considered under the treaty; but
this being overruled, the following paper was written: Rules proposed by
Attorney General: 1st. That all equipments purely for the accommodation of
vessels, as merchantmen, be admitted. [Agreed.]
2d. That all equipments, doubtful in their nature, and applicable equally to
commerce or war, be admitted, as producing too many minutia. [Agreed.] 3d. That
all equipments, solely adapted to military objects, be prohibited. [Agreed.]
Rules proposed by the Secretary of the Treasury : lst. That the original arming
and equipping of vessels for military service, offensive or defensive, in the
ports of the United States, be considered as prohibited to all. [Agreed.] 2d.
That vessels which were armed before their coming into our ports, shall not be
permitted to augment these equipments in the ports of the United States, but
may repair or replace any military equipments which they had when they began
their voyage for the United States ; that this, however, shall be
The Anas 379
with the exception of privateers of the parties opposed to France, who shall
not refit or repair. [Negatived-the Secretary of the Treasury only holding the
opinion.] 3d. That for convenience, vessels armed and commissioned before they
come into our ports, may engage their own citizens, not being inhabitants of
the United States. [Agreed.] I subjoined the following: I concur in the rules
proposed by the Attorney General, as far as respects materials or means of
annoyance furnished by us ; and I should be for an additional rule, that as to
means or materials brought into this country, and belonging to themselves, they
are free to use them.
August the 1st. Met at the President's, to consider what was to be done with
Mr. Genet. All his correspondence with me was read over. The following
propositions were made: 1. That a full statement of Mr. Genet's conduct be made
in a letter to G. Morris, and be sent with his correspondence, to be
communicated to the Executive Council of France; the letter to be so prepared,
as to serve for the form of communication to the Council. Agreed unanimously.
2. That in that letter his recall be required. Agreed by all, though I
expressed a preference of expressing that desire with great delicacy; the
others were for peremptory terms. 3. To send him off. This was proposed by
Knox; but rejected by every
380 Jefferson's Works
other. 4. To write a letter to Mr. Genet, the same in substance with that
written to G. Morris, and let him know we had applied for his recall. I was
against this, because I thought it would render him extremely active in his
plans, and endanger confusion. But I was overruled by the other three gentlemen
and the President. 5. That a publication of the whole correspondence, and
statement of the proceedings, should be made by way of appeal to the people.
Hamilton made a jury speech of three-quarters of an hour, as inflammatory and
declamatory as if he had been speaking to a jury. E. Randolph opposed it. I
chose to leave the contest between them. Adjourned to next day.
August the 2d. Met again. Hamilton spoke again three-quarters of an hour. I
answered on these topics. Object of the appeal.-The democratic society; this
the great circumstance of alarm; afraid it would extend its connections over
the continent; chiefly meant for the local object of the ensuing election of
Governor. If left alone, would die away after that is over. If opposed, if
proscribed, would give it importance and vigor; would give it a new object, and
multitudes would join it merely to assert the right of voluntary associations.
That the measure was calculated to make the President assume the station of the
head of a party, instead of the head of the nation. Plan of the appeal.-To
consist of facts and the decisions of the President. As to facts we
The Anas 381
are agreed; but as to the decisions, there have been great differences of
opinion among us. Sometimes as many opinions as persons. This proves there will
be ground to attack the decisions. Genet will appeal also; it will become a
contest between the President and Genet-anonymous writers-will be same
difference of opinion in public, as in our cabinet-will be same difference in
Congress, for it must be laid before them-would, therefore, work very
unpleasantly at home. How would it work abroad ? France-unkind-after such
proofs of her friendship, should rely on that friendship, and her justice. Why
appeal to the world? Friendly nations always negotiate little differences in
private. Never appeal to the world, but when they appeal to the sword.
Confederacy of Pilnitz was to overthrow the Government of France. The
interference of France to disturb other governments and excite insurrections,
was a measure of reprisal. Yet these Princes have been able to make it believed
to be the system of France. Colonel Hamilton supposes Mr. Genet's proceedings
here are in pursuance of that system; and we are so to declare it to the world,
and to add our testimony to this base calumny of the Princes. What a triumph to
them to be backed by our testimony. What a fatal stroke at the cause of
liberty; et tu Brute. We indispose the French Government, and they will retract
their offer of the treaty of commerce. The President manifestly inclined to the
appeal to the people.(l)
(1) He said that Mr. Morris, taking a family dinner with him the other day,
went largely, and of his own accord, into this subject;
382 Jefferson's Works
Knox, in a foolish incoherent sort of a speech, introduced the pasquinade
lately printed, called the funeral of George W--n, and James W--n, King and
Judge, &c., where the President was placed on a guillotine. The President was
much inflamed; got into one of those passions when he cannot command himself;
ran on much on the personal abuse which had been bestowed on him; defied any
man on earth to produce one single act of his since he had been in the
Government, which was not done on the purest motives; that he had never
repented but once the having slipped the moment of resigning his office, and
that was every moment since; that by God he had rather be in his grave than in
his present situation; that he had rather be on his farm than to be made
Emperor of the world; and yet that they were charging him with wanting to be a
King. That that rascal Freneau sent him three of his papers every day, as if he
thought he would become the distributor of his papers ; that he could see in
this, nothing but an impudent design to insult him: he ended in this high tone.
There was a pause. Some difficulty in resuming our question; it was, however,
after a little while, presented again, and he said there seemed to
advised this appeal, and promised, if the President adopted it, that he would
support it himself, and engage for all his connections. The President repeated
this twice, and with an air of importance. Now, Mr. Morris has no family
connections: he engaged then for his political friends. This shows that the
President has not confidence enough in the virtue and good sense of mankind, to
confide in a government bottomed on them, and thinks other props necessary.
The Anas 383
be no necessity for deciding it now; the propositions before agreed on might be
put into a train of execution, and perhaps events would show whether the appeal
would be necessary or not. He desired we would meet at my office the next day,
to consider what should be done with the vessels armed in our ports by Mr.
Genet, and their prizes.
August the 3d. We met. The President wrote to take our opinions, whether
Congress should be called. Knox pronounced at once against it. Randolph was
against it. Hamilton said his judgment was against it, but that if any two were
for it, or against it, he would join them to make a majority. I was for it. We
agreed to give separate opinions to the President. Knox said we should have had
fine work, if Congress had been sitting these two last months. The fool thus
let out the secret. Hamilton endeavored to patch up the indiscretion of this
blabber, by saying " he did not know; he rather thought they would have
strengthened the executive arm." It is evident they do not wish to lengthen the
session of the next Congress, and probably they particularly wish it should not
meet till Genet is gone. At this meeting I received a letter from Mr. Remson at
New York, informing me of the event of the combat between the Ambuscade and the
Boston. Knox broke out into the most unqualified abuse of Captain Courtany.
Hamilton, with less fury, but with the deepest vexation, loaded him with
censures.
394 Jefferson's Works
Both showed the most unequivocal mortification at the event.
CONFERENCE WITH PRESIDENT WASHINGTON. August the 6th, 1793. The President
calls on me at my house in the country, and introduces my letter of July the
31st, announcing that I should resign at the close of the next month. He again
expressed his repentance at not having resigned himself, and how much it was
increased by seeing that he was to be deserted by those on whose aid he had
counted; that he did not know where he should look to find characters to fill
up the offices; that mere talents did not suffice for the Department of State,
but it required a person conversant in foreign affairs, perhaps acquainted with
foreign courts; that without this, the best talents would be awkward and at a
loss, He told me that Colonel Hamilton had three or four weeks ago written to
him, informing him that private as well as public reasons had brought him to
the determination to retire, and that he should do it towards the close of the
next session. He said he had often before intimated dispositions to resign, but
never as decisively before; that he supposed he had fixed on the latter part of
next session, to give an opportunity to Congress to examine into his conduct;
that our going out at times so different, increased his difficulty; for if he
had both places to fill at once, he might consult both the particular talents
and geographical situation of our successors.
The Anas 385
He expressed great apprehensions at the fermentation which seemed to be working
in the mind of the public; that many descriptions of persons, actuated by
different causes, appeared to be uniting; what it would end in he knew not; a
new Congress was to assemble, more numerous, perhaps of a different spirit; the
first expressions of their sentiments would be important; if I would only stay
to the end of that it would relieve him considerably. I expressed to him my
excessive repugnance to public life, the particular uneasiness of my situation
in this place, where the laws of society oblige me always to move exactly in
the circle which I know to bear me peculiar hatred; that is to say, the wealthy
aristocrats, the merchants connected closely with England, the new created
paper fortunes; that thus surrounded, my words were caught, multiplied,
misconstrued, and even fabricated and spread abroad to my injury; that he saw
also, that there was such an opposition of views between myself and another
part of the Administration, as to render it peculiarly unpleasing, and to
destroy the necessary harmony. Without knowing the views of what is called the
republican party here, or having any communication with them, I could undertake
to assure him, from my intimacy with that party in the late Congress, that
there was not a view in the republican party as spread over the United States,
which went to the frame of the Government; that I believed the next Congress
would attempt nothing material, but
VOL. 1-25
336 Jefferson's Works
to render their own body independent; that that party were firm in their
dispositions to support the Government; that the manoeuvres of Mr. Genet might
produce some little embarrassment, but that he would be abandoned by the
republicans the moment they knew the nature of his conduct; and on the whole,
no crisis existed which threatened anything. He said he believed the views of
the republican party were perfectly pure, but when men put a machine into
motion, it is impossible for them to stop it exactly where they would choose;
or to say where it will stop. That the constitution we have is an excellent
one, if we can. keep it where it is; that it was, indeed, supposed there was a
party disposed to change it into a monarchical form, but that he could
conscientiously declare there was not a man in the United States who would set
his face more decidedly against it than himself. Here I interrupted him, by
saying, " No rational man in the United States suspects you of any other
disposition; but there does not pass a week, in which we cannot prove
declarations dropping from the monarchical party that our Government is good
for nothing, is a milk and water thing which cannot support itself, we must
knock it down, and set up something of more energy. " He said if that was the
case, he thought it a proof of their insanity, for that the republican spirit
of the Union was so manifest and so solid, that it was astonishing how any one
could expect to move it.
The Anas 387
He returned to the difficulty of naming my successor; he said Mr. Madison would
be his first choice, but that he had always expressed to him such a decision
against public office, that he could not expect he would undertake it. Mr. Jay
would prefer his present office. He said that Mr. Jay had a great opinion of
the talents of Mr. King; that there was also Mr. Smith of South Carolina, and
E. Rutledge; but he observed, that name whom he would, some objections would be
made, some would be called speculators, some one thing, some another; and he
asked me to mention any characters occurring to me. I asked him if Governor
Johnson of Maryland had occurred to him ? He said he had; that he was a man of
great good sense, an honest man, and he believed, clear of speculations; but
this, said he, is an instance of what I was observing; with all these
qualifications, Governor Johnson, from a want of familiarity with foreign
affairs, would be in them like a fish out of water; everything would be new to
him, and he awkward in everything. I confessed to him that I had considered
Johnson rather as fit for the Treasury Department. Yes, said he, for that he
would be the fittest appointment that could be made ; he is a man acquainted
with figures, and having as good a knowledge of the resources of this country
as any man. I asked him if Chancellor Livingston had occurred to him ? He said
yes; but he was from New York, and to appoint him while Hamilton was in, and
before it should be
388 Jefferson's Works
known he was going out, would excite a newspaper conflagration, as the ultimate
arrangement would not be known. He said McLurg had occurred to him as a man of
first-rate abilities, but it is said that he is a speculator. He asked me what
sort of a man Wolcott was. I told him I knew nothing of him myself; I had heard
him characterized as a cunning man. I asked him whether some person could not
take my office par interim, till he should make an appointment, as Mr.
Randolph, for instance. Yes, said he, but there you would raise the expectation
of keeping it, and I do not know that he is fit for it, nor what is thought of
Mr. Randolph. I avoided noticing the last observation, and he put the question
to me directly. I then told him, I went into society so little as to be unable
to answer it: I knew that the embarrassments in his private affairs had obliged
him to use expedients, which had injured him with the merchants and
shop-keepers, and affected his character of independence; that these
embarrassments were serious, , and not likely to cease soon. He said if I would
only stay in till the end of another quarter (the last of December) it would
get us through the difficulties of this year, and he was satisfied that the
affairs of Europe would be settled with this campaign; for that either, France
would be overwhelmed by it, or the confederacy would give up the contest. By
that time, too, Congress would have manifested its character and view. I told
him that I had set my
The Anas 389
private affairs in motion in a line which had powerfully called for my presence
the last spring, and that they had suffered immensely from my not going home;
that I had now calculated them to my return in the fall, and to fail in going
then, would be the loss of another year, and prejudicial beyond measure. I
asked him whether he could not name Governor Johnson to my office, under an
express arrangement that at the close of the session he should take that of the
Treasury. He said that men never chose to descend; that being once in a higher
Department, he would not like to go into a lower one. He asked me whether I
could not arrange my affairs by going home. I told him I did not think the
public business would admit of it ; that there never was a day now in which the
absence of the Secretary of State would not be inconvenient to the public. And
he concluded by desiring that I would take two or three days to consider
whether I could not stay in till the end of another quarter, for that like a
man going to the gallows, he was willing to put it off as long as he could ;
but if I persisted, he must then look about him and make up his mind to do the
best he could; and so he took leave.
CABINET MEETINGS.
August the 20th. We met at the President's to examine by paragraphs the draught
of a letter I had prepared to Gouverneur Morris on the conduct of Mr. Genet.
There was no difference of opinion on
390 Jefferson's Works
any part of it, except on this expression, " An attempt to embroil both, to add
still another nation to the enemies of his country, and to draw on both a
reproach which it is hoped will never stain the history of either, that of
liberty warring on herself. " Hamilton moved to strike out these words, " that
of liberty warring on herself." He urged generally that it would give offence
to the combined powers; that it amounted to a declaration that they were
warring on liberty; that we were not called on to declare that the cause of
France was that of liberty; that he had at first been with them with all his
heart, but that he had long since left them, and was not for encouraging the
idea here, that the cause of France was the cause of liberty in general, or
could have either connection or influence in our affairs. Knox, according to
custom, jumped plump into all his opinions. The President, with a good deal of
positiveness, declared in favor of the expression; that he considered the
pursuit of France to be that of liberty, however they might sometimes fail of
the best means of obtaining it; that he had never at any time entertained a
doubt of their ultimate success, if they hung well together; and that as to
their dissensions, there were such contradictory accounts given, that no one
could tell what to believe. I observed that it had been supposed among us all
along that the present letter might become public; that we had therefore three
parties to attend to,-1st, France; 2d, her enemies; 3d,
` The Anas 391
the people of the United States; that as to the enemies of France, it ought not
to offend them, because the passage objected to, only spoke of an attempt to
make the United States, a free nation, war on France, a free nation, which
would be liberty warring against liberty; that as to France, we were taking so
harsh a measure (desiring her to recall her Minister) that a precedent for it
could scarcely be found; that we knew that Minister would represent to his
Government that our Executive was hostile to liberty, leaning to monarchy, and
would endeavor to parry the charges on himself, by rendering suspicions the
source from which they flowed; that, therefore, it was essential to satisfy
France, not only of our friendship to her, but our attachment to the general
cause of liberty, and to hers in particular; that as to the people of the
United States, we knew there were suspicions abroad that the Executive, in some
of its parts, was tainted with a hankering after monarchy, an indisposition
towards liberty, and towards the French cause; and that it was important, by an
explicit declaration, to remove these suspicions, and restore the confidence of
the people in their Government. Randolph opposed the passage on nearly the same
ground with Hamilton. He added, that he thought it had been agreed that this
correspondence should contain no expressions which could give offence to either
party. I replied that it had been my opinion in the beginning of the
correspondence, that while
392 Jefferson's Works
we were censuring the conduct of the French Minister, we should make the most
cordial declarations of friendship to them; that in the first letter or two of
the correspondence, I had inserted expressions of that kind, but that himself
and the other two gentle- men had struck them out; that I thereupon con- formed
to their opinions in my subsequent letters, and had carefully avoided the
insertion of a single term of friendship to the French nation, and the letters
were as dry and husky as if written between the generals of two enemy nations;
that on the present occasion, however, it had been agreed that such expressions
ought to be inserted in the letter now under consideration, and I had
accordingly charged it pretty well with them; that I had further thought it
essential to satisfy the French and our own citizens of the light in which we
viewed their cause, and of our fellow feeling for the general cause of liberty,
and had ventured only four words on the subject; that there was not from
beginning to end of the letter one other expression or word in favor of
liberty, and I should think it singular, at least, if the single passage of
that character should be struck out. The President again spoke. He came into
the idea that attention was due to the two parties who had been mentioned,
France and the United States; that as to the former, thinking it certain their
affairs would issue in a government of some sort-of considerable freedom-it was
the only nation with
The Anas 393
whom our relations could be counted on; that as to the United States, there
could be no doubt of their universal attachment to the cause of France, and of
the solidity of their republicanism. He declared his strong attachment to the
expression, but finally left it to us to accommodate. It was struck out, of
course, and the expressions of affection in the context were a good deal taken
down. August the 23d, 1793. In consequence of my note of yesterday to the
President, a meeting was called this day at his house to determine what should
be done with the proposition of France to treat. The importance of the matter
was admitted; and being of so old a date as May 22d, we might be accused of
neglecting the interests of the United States, to have left it so long
unanswered, and it could not be doubted Mr. Genet would avail himself of this
inattention. The President declared it had not been inattention, that it had
been the subject of conversation often at our meetings, and the delay had
proceeded from the difficulty of the thing. If the struggles of France should
end in the old despotism, the formation of such a treaty with the present
government would be a matter of offence; if it should end in any kind of free
government, he should be very unwilling, by inattention to their advances, to
give offence, and lose the opportunity of procuring terms so advantageous to
our country. He was, therefore, for writing to Mr. Morris to get the powers of
Mr. Genet renewed to his successor.
394 Jefferson's Works
[As he had expressed this opinion to me the afternoon before, I had prepared
the draught of a letter accordingly.] But how to explain the delay? The
Secretary of the Treasury observed on the letter of the National Convention,
that as it did not seem to require an answer, and the matters it contained
would occasion embarrassment if answered, he should be against answering it;
that he should be for writing to Mr. Morris; mentioning our readiness to treat
with them, and suggesting a renewal of Mr. Genet's powers to his successor, but
not in as strong terms as I had done in my draught of the letter not as a thing
anxiously wished for by us, lest it should suggest to them the asking a price;
and he was for my writing to Mr. Genet now an answer to his letter of May 22d,
referring to the meeting of the Senate the entering on the treaty. Knox
concurred with him, the Attorney General also,-except that he was against
suggesting the renewal of Mr. Genet's powers, because that would amount to a
declaration that we would treat with that government, would commit us to lay
the subject before the Senate, and his principle had ever been to do no act,
not unavoidably necessary, which, in the event of a counter revolution, might
offend the future governing powers of that country. I stated to them that
having observed from our conversations that the propositions to treat might not
be acceded to immediately, I had endeavored to prepare Mr. Genet for it, by
taking occasion in conversations to
The Anas 395
apprize him of the control over treaties which our constitution had given to
the Senate; that though this was indirectly done, (because not having been
authorized to say anything official on the subject, I did not venture to commit
myself directly,) yet, on some subsequent conversation, I found it had struck
him exactly as I had wished; for, speaking on some other matter, he mentioned
incidentally his propositions to treat, and said, however, as I know now that
you cannot take up that subject till the meeting of the Senate, I shall say no
more about it now, and so proceeded with his other subject, which I do not now
recollect. I said I thought it possible by recalling the substance of these
conversations to Mr. Genet, in a letter to be written now, I might add that the
Executive had at length come to a conclusion, that on account of the importance
of the matter, they would await the meeting of the Senate; but I pressed
strongly the urging Mr. Morris to procure a renewal of Genet's powers, that we
might not lose the chance of obtaining so advantageous a treaty. Edmund
Randolph had argued against our acceding to it, because it was too
advantageous; so much so that they would certainly break it, and it might
become the cause of war. I answered that it would be easy, in the course of the
negotiation, to cure it of its inequality by giving some compensation; but I
had no fear of their revoking it, that the islanders themselves were too much
interested in the concessions ever to suffer
396 Jefferson's Works
them to be revoked; that the best thinkers in France had long been of opinion
that it would be for the interest of the mother country to let the colonies
obtain subsistence wherever they could cheapest; that I was confident the
present struggles in France would end in a free government of some sort, and
that such a government would consider itself as growing out of the present one,
and respect its treaties. The President recurred to the awkwardness of writing
a letter now to Mr. Genet, in answer to his of May 22d; that it would certainly
be construed as merely done with a design of exculpation of ourselves, and he
would thence inculpate us. The more we reflected on this, the more the justice
of the observation struck us. Hamilton and myself came into it-Knox still for
the letter-Randolph half for it, half against it, according to custom. It was
at length agreed I should state the substance of my verbal observations to Mr.
Genet, in a letter to Mr. Morris, and let them be considered as the answer
intended; for being from the Secretary of State, they might be considered as
official, though not in writing. It is evident that taking this ground for
their future justification to France and to the United States, they were
sensible they had censurably neglected these overtures of treaty; for not only
what I had said to Mr. Genet was without authority from them, but was never
communicated to them till this day. To rest the justification of delay on
The Anas 397
answers given, it is true in time; but of which they had no knowledge till now,
is an ostensible justification only.
September the 4th, 1793. At a meeting held some days ago, some letters from the
Governor of Georgia were read, in which a consultation of officers, and a
considerable expedition against the Creeks was proposed. We were all of opinion
no such expedition should be undertaken. My reasons were that such a war might
bring on a Spanish, and even an English war; that for this reason the
aggressions of the Creeks had been laid before the last Congress, and they had
not chosen to declare war, therefore the Executive should not take on itself to
do it; and that according to the opinions of Pickens and Blount, it was too
late in the season. I thought, however, that a temperate and conciliatory
letter should be written to the Governor, in order that we might retain the
disposition of the people of the State to assist in an expedition when
undertaken. The other gentlemen thought a strong letter of disapprobation
should be written. Such a one was this day produced, strong and reprehendatory
enough, in which I thought were visible the personal enmities of Knox and
Hamilton, against Telfair, Gun, and Jackson-the two last having been of the
council of officers. The letter passed without objection, being of the
complexion before determined.
398 Jefferson's Works
Wayne's letter was read, proposing that six hundred militia should set out from
Fort Pitt to attack certain Miami towns; while he marched against the principal
towns. The President disapproved it, because of the difficulty, of concerted
movements at six hundred miles distance; because these six hundred men might,
and probably would have the whole force of the Indians to contend with; and
because the object was not worth the risking such a number of men. We all
concurred. It appeared to me, further, that to begin an expedition from Fort
Pitt, the very first order for which is to be given now, when we have reason to
believe Wayne advanced as far as Fort Jefferson, would be either too late for
his movements, or would retard them very injuriously. [Note.-The letters from
the Commissioners were now read, announcing the refusal of the Indians to
treat, unless the Ohio were made the boundary; and that they were on their
return.] A letter from Governor Clinton read, informing of his issuing a
warrant to arrest Governor Galbaud, at the request of the French Consul, and
that he was led to interfere because the Judge of the district lived at Albany.
It was proposed to write to the Judge of the district, that the place of his
residence was not adapted to his duties; and to Clinton, that Galbaud was not
liable to arrest. Hamilton said, that by the laws of New York, the Governor has
the powers of a justice of peace, and had issued the warrant as such.
The Anas 399
I was against writing letters to judiciary officers. I thought them independent
of the Executive, not subject to its coercion, and, therefore, not obliged to
attend to its admonitions. The other three were for writing the letters. They
thought it the duty of the President to see that the laws were executed; and if
he found a failure in so important an officer, to communicate it to the
legislature for impeachment. Edmund Randolph undertook to write the letters,
and I am to sign them as if mine. The President brought forward the subject of
the ports, and thought a new demand of answer should be made to Mr. Hammond. As
we had not Mr. Hammond's last answer (of June 20th) on that subject, agreed to
let it lie over to Monday. Hammond proposed, that on Monday we should take into
consideration the fortification of the rivers and ports of the United States,
and that though the Executive could not undertake to do it, preparatory surveys
should be made to be laid before Congress, to be considered on Monday. The
letters to Genet covering a copy of mine to Gov. Morris-of - to the French
consuls, threatening the revocation of their Exequatursto Mr. Pinckney on the
additional instructions of Great Britain to their navy for shipping our corn,
flour, &c., and to Gov. Morris on the similar order of the French National
Assembly, are to be ready on Monday.
400 Jefferson's Works
My letter to Mr. Hammond, in answer to his of August 20th, was read and
approved. Hamilton wished not to narrow the ground of compensation so much as
to cases after August 7th. Knox joined him, and by several observations showed
he did not know what the question was. He could not comprehend that the letter
of August 7th, which promised compensation (because we had not used all the
means in our power for restricting), would not be contradicted by a refusal to
compensate in cases after August 7th, where we should naturally use all the
means in our power for restriction, and these means should be insufficient. The
letter was agreed to on Mr. Randolph's opinion and mine; Hamilton acquiescing,
Knox opposing.
At sundry meetings of the Heads of Departments and Attorney General, from the
1st to the 28th of November, 1793, at the President's, several matters were
agreed upon, as stated in the following letters from the Secretary of State, to
wit:--€ November the 8th. Circular letter to the representatives of France,
Great Britain, Spain, and the United Netherlands, fixing provisionally the
extent of our jurisdiction into the sea at a sea league. 10th. Circular letter
to the district attorneys, notifying the same, and committing to them the
taking depositions in those cases. 10th. Circular to the foreign
representatives; notifying how depositions are to be taken in those cases.
The Anas 401
The substance of the preceding letters was agreed to by all; the rough draughts
were submitted to them and approved. November the 14th. To Mr. Hammond, that
the United States are not bound to restore the Rochampton. This was agreed by
all. The rough draught was submitted to and approved by Colonel Hamilton and
Mr. Randolph. General Knox was on a visit to Trenton. 10th. Letters to Mr.
Genet and Hammond, and the 14th to Mr. Hollingsworth, for taking depositions in
the cases of the Conningham and Pilgrim. 13th. Ditto, to Mr. Genet, Hammond,
and Bowle, for depositions in the case of the William. 14th. Ditto, to
Hollingsworth, to ascertain whether Mr. Moissonier had passed sentence on the
Rochampton and Pilgrim. These last-mentioned letters of the 10th, 13th, and
l4th, were, as to their substance, agreed to by all, the draughts were only
communicated to Mr. Randolph, and approved by him. November the 13th. To Mr.
Hammond, inquiring when we shall have an answer on the inexecution of the
treaty. The substance agreed by all. The letter was sent off without
communication, none of the gentlemen being at Germantown. 22d. To Mr. Genet,
returning the commissions of Pennevert and Chervi, because not addressed to the
President. VOL. 1-26
402 Jefferson's Works
22d. To Mr. Genet, inquiring whether the Lovely-Lass, Prince William Henry, and
Jane, of Dublin have been given up; and if not, requiring that they be restored
to owners. These were agreed to by all, as to their matter, and the letters
themselves were submitted before they were sent to the President, the Secretary
of War, and the Attorney-General. 22d. To Mr. Gore, for authentic evidence of
Dannery's protest on the President's revocation of Duplaine's Exequatur. The
substance agreed by all. The letter sent off before communication. THOMAS
JEFFERSON. HENRY KNOX. EDMUND RANDOLPH. ALEXANDER HAMILTON. November 23d, 1793.
November the 5th, 1793. E. Randolph tells me; that Hamilton, in conversation
with him yesterday, said, " Sir, if all the people in America were now
assembled, and to call on me to say whether I am a friend to the French
revolution, I would declare that I have it in abhorrence. "
CONFERENCES OF THE CABINET. November the 8th, 1793, At a conference at the
President's, where I read several letters of Mr. Genet; on finishing one of
them, I asked what should
The Anas 403
be the answer? The President thereupon took occasion to observe, that Mr.
Genet's conduct continued to be of so extraordinary a nature, that he meant to
propose to our serious consideration, whether he should not have his functions
discontinued, and be ordered away? He went lengthily into observations on his
conduct, to raise against the Executive, 1, the People; 2, the State
Governments; 3, the Congress. He showed he felt the venom of Genet's pen, but
declared he would not choose his insolence should be regarded any further, than
as might be thought to affect the honor of the country. Hamilton and Knox
readily and zealously argued for dismissing Mr. Genet. Randolph opposed it with
firmness, and pretty lengthily. The President replied to him lengthily, and
concluded by saying he did not wish to have the thing hastily decided, but that
we should consider of it, and give our opinions on his return from Reading and
Lancaster. Accordingly, November the 18th, we met at his house; read new
volumes of Genet's letters, received since the President's departure; then took
up the discussion of the subjects of communication to Congress. 1. The
Proclamation. E. Randolph read the statement he had prepared; Hamilton did not
like it; said much about his own views; that the President had a right to
declare his opinion to our. citizens and foreign nations; that it was not the
interest of this country to join in the war, and that we were under no
obligation to join in it; that though
404 Jefferson's Works
the declaration would not legally bind Congress, yet the President had a right
to give his opinion of it, and he was against any explanation in the speech,
which should yield that he did not intend that foreign nations should consider
it as a declaration of neutrality, future as well as present; that he
understood it as meant to give them that sort of assurance and satisfaction,
and to say otherwise now, would be a deception on them. He was for the
President's using such expressions, as should neither affirm his right to make
such a declaration to foreign nations, nor yield it. Randolph and myself
opposed the right of the President to declare anything future on the question,
shall there or shall there not be war and that no such thing was intended; that
Hamilton's construction of the effect of the proclamation, would have been a
determination of the question of the guarantee, which we both denied to have
intended, and I had at the time declared the Executive incompetent to. Randolph
said he meant that foreign nations should understand it as an intimation of the
President's opinion, that neutrality would be our interest. I declared my
meaning to have been, that foreign nations should understand no such thing;
that on the contrary, I would have chosen them to be doubtful, and to come and
bid for our neutrality. I admitted the President, having received the nation at
the close of Congress in a state of peace, was bound to preserve them in that
state till Congress should meet again, and might pro
The Anas 405
claim anything which went no farther. The President declared he never had an
idea that he could bind Congress against declaring war, or that anything
contained in his proclamation could look beyond the first day of their meeting.
His main view was to keep our people in peace; he apologized for the use of the
term neutrality in his answers, and justified it, by having submitted the first
of them (that to the merchants, wherein it was used) to our consideration, and
we had not objected to the term. He concluded in the end, that Colonel Hamilton
should prepare a paragraph on this subject for the speech, and it should then
be considered. We were here called to dinner. After dinner, the yenvoi of Genet
was proposed by himself. I opposed it on these topics. France, the only nation
on earth sincerely our friend. The measure so harsh a one, that no precedent is
produced where it has not been followed by war. Our messenger has now been gone
eighty-four days; consequently, we may hourly expect the return, and to be
relieved by their revocation of him. Were it now resolved on, it would be eight
or ten days before the matter on which the order should be founded, could be
selected, arranged, discussed, and forwarded. This would bring us within four
or five days of the meeting of Congress. Would it not be better to wait and see
how the pulse of that body, new as it is, would beat? They are with us now,
probably, but such a step as this may carry
406 Jefferson's Works
many over to Genet's side. Genet will not obey the order, &c., &c. The
President asked me what I would do if Genet sent the accusation to us to be
communicated to Congress, as he threatened in the letter to Moultrie? I said I
would not send it to Congress; but either put it in the newspapers, or send it
back to him ta be published if he pleased. Other questions and answers were put
and returned in a quicker altercation than I ever before saw the President use.
Hamilton was for the renvoi; spoke much of the dignity of the nation; that they
were now to form their character; that our conduct now would tempt or deter
other foreign Ministers from treating us in the same manner; touched on the
President's personal feelings; did not believe France would make it a cause of
war ; if she did, we ought to do what was right, and meet the consequences, &c.
Knox on the same side, and said he thought it very possible Mr. Genet would
either declare us a department of France, or levy troops here and endeavor to
reduce us to obedience. Randolph of my opinion, and argued chiefly on the
resurrection of popularity to Genet, which might be produced by this measure.
That at present he was dead in the public opinion, if we would but leave him
so. The President lamented there was not unanimity among us; that as it was, we
had left him exactly where we found him; and so it ended.
November the 21st. We met at the President's. The manner of explaining to
Congress the inten-
The Anas 407
tions of the proclamation, was the matter of debate. Randolph produced his way
of stating it. This expressed its views to have been, 1, to keep our citizens
quiet; 2, to intimate to foreign nations that it was the President's opinion,
that the interests and dispositions of this country were for peace. Hamilton
produced his statement, in which he declared his intention to be, to say
nothing which could be laid hold of for any purpose; to leave the proclamation
to explain itself. He entered pretty fully into all the argumentation of
Pacificus; he justified the right of the President to declare his opinion for a
future neutrality, and that there existed no circumstances to oblige the United
States to enter into the war on account of the guarantee; and that in agreeing
to the proclamation, he meant it to be understood as conveying both those
declarations; viz. neutrality, and that the casus faederis on the guarantee did
not exist. He admitted the Congress might declare war, notwithstanding these
declarations of the President. In like manner, they might declare war in the
face of a treaty, and in direct infraction of it. Among other positions laid
down by him, this was with great positiveness; that the Constitution having
given power to the President and Senate to make treaties, they might make a
treaty of neutrality which should take from Congress the right to declare war
in that particular case, and that under the form of a treaty they might
exercise any powers whatever, even those exclusively
408 Jefferson's Works
given by the constitution to the House of Representatives. Randolph opposed
this position, and seemed to think that where they undertook to do acts by
treaty, (as to settle a tariff of duties,) which were exclusively given to the
Legislature, that an act of the Legislature would be necessary to confirm them,
as happens in England, when a treaty interferes with duties established by law.
I insisted that in giving to the President and Senate a power to make treaties,
the Constitution meant only to authorize them to carry into effect, by way of
treaty, any powers they might constitutionally exercise. I was sensible of the
weak points in this position, but there were still weaker in the other
hypothesis; and if it be impossible to discover a rational measure of authority
to have been given by this clause, I would rather suppose that the cases which
my hypothesis would leave unprovided, were not thought of by the convention, or
if thought of, could not be agreed on, or were thought of and deemed
unnecessary to be invested in the Government. Of this last description, were
treaties of neutrality, treaties offensive and defensive, &c. In every event, I
would rather construe so narrowly as to oblige the nation to amend, and thus
declare what powers they would agree to yield, than too broadly, and indeed, ,
so broadly as to enable the executive and Senate to do things which the
Constitution forbids. On the question, which form of explaining the principles
of the proclamation should be adopted, I declared
The Anas 409
for Randolph's, though it gave to that instrument more objects than I had
contemplated. Knox declared for Hamilton's. The President said he had had but
one object, the keeping our people quiet till Congress should meet; that
nevertheless, to declare he did not mean a declaration of neutrality, in the
technical sense of the phrase, might perhaps be crying peccavi before he was
charged. However, he did not decide between the two draughts.
November the 23d. At the President's. Present, Knox, Randolph, and Th:
Jefferson. Subject, the heads of the speech. One was, a proposition to Congress
to fortify the principal harbors. I opposed the expediency of the general
Government's undertaking it, and the expediency of the President's proposing
it. It was amended, by substituting a proposition to adopt means for enforcing
respect to the jurisdiction of the United States within its waters. It was
proposed to recommend the establishment of a military academy. I objected that
none of the specified powers given by the Constitution to Congress, would
authorize this. It was, therefore, referred for further consideration and
inquiry. Knox was for both propositions. Randolph against the former, but said
nothing as to the latter. The President acknowledged he had doubted of the
expediency of undertaking the former; and as to the latter, though it would be
a good thing, he did not wish to bring on anything
410 Jefferson's Works
which might generate heat and ill humor. It was agreed that Randolph should
draw the speech and the messages.
November the 28th. Met at the President's. I read over a list of the papers
copying, to be communicated to Congress on the subject of Mr. Genet. It was
agreed that Genet's letter of August the 13th to the President, mine of August
the 16th, and Genet's of November to myself and the Attorney General, desiring
a prosecution of Jay and King should not be sent to the legislature : on a
general opinion, that the discussion of the fact certified by Jay and King had
better be left to the channel of the newspapers, and in the private hands in
which it now is, than for the President to meddle in it, or give room to a
discussion of it in Congress. Randolph had prepared a draught of the speech.
The clause recommending fortifications was left out; but that for a military
academy was inserted. I opposed it, as unauthorized by the Constitution.
Hamilton and Knox approved it without discussion. Randolph was for it, saying
that the words of the Constitution authorizing Congress to lay taxes, &c., for
the common defence, might comprehend it. The President said he would not choose
to recommend anything against the Constitution, but if it was doubtful, he was
so impressed with the necessity of this measure, that he would refer it to
Congress, and let them decide for themselves whether the Constitu-
The Anas 411
tion authorized it or not. It was, therefore, left in. I was happy to see that
Randolph had, by accident. used the expression " our republic," in the speech.
The President, however, made no objection to it, and so, as much as it had
disconcerted him on a former occasion with me, it was now put into his own
mouth to be pronounced to the two Houses of legislature. No material
alterations were proposed or made in any part of the draught. After dinner, I
produced the draught of messages on the subject of France and England,
proposing that that relative to Spain should be subsequent and secret. Hamilton
objected to the draught ivc toto; said that the contrast drawn between the
conduct of France and England amounted to a declaration of war; he denied that
France had ever done us favors; that it was mean for a nation to acknowledge
favors; that the dispositions of the people of this country towards France, he
considered as a serious calamity; that the Executive ought not, by an echo of
this language, to nourish that disposition in the people; that the offers in
commerce made us by France, were the offspring of the moment, of circumstances
which would not last, and it was wrong to receive as permanent, things merely
temporary; that he could demonstrate that Great Britain showed us more favors
than France. In complaisance to him I whittled down the expressions without
opposition; struck out that of "favors,
412 Jefferson's Works
ancient and recent" from France; softened some terms, and omitted some
sentiments respecting Great Britain. He still was against the whole, but
insisted that, at any rate, it should be a secret communication, because the
matters it stated were still depending. These were, 1, the inexecution of the
treaty; 2, the restraining our commerce to their own ports and those of their
friends. Knox joined Hamilton in everything. Randolph was for the
communications; that the documents respecting the first should be given in as
public; but that those respecting the second should not be given to the
legislature at all, but kept secret. I began to tremble now for the whole, lest
all should be kept secret. I urged, especially, the duty now incumbent on the
President, to lay before the legislature and the public what had passed on the
inexecution of the treaty, since Mr. Hammond's answer of this month might be
considered as the last we should ever have; that, therefore, it could no longer
be considered as a negotiation pending. I urged that the documents respecting
the stopping our corn ought also to go, but insisted that if it should be
thought better to withhold them, the restrictions should not go to those
respecting the treaty; that neither of these subjects was more in a state of
pendency than the recall of Mr. Genet, on which, nevertheless, no scruples had
been expressed. The President took up the subject with more vehemence than I
have seen him show, and decided without reserve, that not only what had passed
on the
The Anas 413
inexecution of the treaty should go in as public, (in which Hamilton and Knox
had divided in opinion from Randolph and myself,) but also that those
respecting the stopping our corn should go in as public, (wherein, Hamilton,
Knox, and Randolph had been against me). This was the first instance I had seen
of his deciding on the opinion of one against that of three others, which
proved his own to have been very strong.
December the 1st, 1793. Beckley tells me he had the following fact from Lear.
Landon, Cabot, and some others of the Senate, standing in a knot before the
fire after the Senate had adjourned, and growling together about some measure
which. they had just lost ; "Ah ! " said Cabot, " things will never go right
till you have a President for life, and an hereditary Senate." Landon told this
to Lear, who mentioned it to the President. The President seemed struck with
it, and declared he had not supposed there was a man in the United States who
could have entertained such an idea.
CONVERSATION WITH JOHN ADAMS.
March the 2d, 1797. I arrived at Philadelphia to qualify as Vice-President, and
called instantly on Mr. Adams, who lodged at Francis's, in Fourth street. The
next morning he returned my visit at Mr. Madison's, where I lodged. He found me
alone in my
414 Jefferson's Works
room, and shutting the door himself, he said he was glad to find me alone, for
that he wished a free conversation with me. He entered immediately on an
explanation of the situation of our affairs with France, and the danger of
rupture with that nation, a rupture which would convulse the attachments of
this country; that he was impressed with the necessity of an immediate mission
to the Directory; that it would have been the first wish of his heart to have
got me to go there, but that he supposed it was out of the question, as it did
not seem justifiable for him to send away the person destined to take his place
in case of accident to himself, nor decent to remove from competition one who
was a rival in the public favor. That he had, therefore, concluded to send a
mission, which, by its dignity, should satisfy France, and by its selection
from the three great divisions of the continent, should satisfy all parts of
the United States; in short, that he had determined to join Gerry and Madison
to Pinckney, and he wished me to consult Mr. Madison for him. I told him that
as to myself, I concurred in the opinion of the impropriety of my leaving the
post assigned me, and that my inclinations, moreover, would never permit me to
cross the Atlantic again; that .I would, as he desired, consult Mr. Madison,
but I feared it was desperate, as he had refused that mission on my leaving it,
in General Washington's time, though it was kept open a twelvemonth for him. He
said that if Mr. Madison should refuse, he would still appoint
The Anas 415
him, and leave the responsibility on him. I consulted Mr. Madison, who declined
as I expected. I think it was on Monday, the 6th of March, Mr. Adams and myself
met at dinner at General Washington's and we happened, in the evening, to rise
from table and come away together. As soon as we got into the street, I told
him the event of my negotiation with Mr. Madison. He immediately said, that, on
consultation, some objections to that nomination had been raised which he had
not contemplated; and was going on with excuses which evidently embarrassed
him, when we came to Fifth street, where our road separated, his being down
Market street, mine off along Fifth, and we took leave; and he never after that
said one word to me on the subject, or ever consulted me as to any measures of
the government. The opinion I formed at the time on this transaction, was, that
Mr. Adams, in the first moments of the enthusiasm of the occasion, (his
inauguration,) forgot party sentiments, and as he never acted on any system,
but was always governed by the feeling of the moment, he thought, for a moment,
to steer impartially between the parties; that Monday, the 6th of March, being
the first time he had met his cabinet, on expressing ideas of this kind, he had
been at once diverted from them, and returned to his former party views.
July, 1797. Murray is rewarded for his services by an appointment to Amsterdam;
W. Smith of Charleston, to Lisbon.
416 Jefferson's Works
August the 24th. About the time of the British treaty, Hamilton and Talleyrand,
bishop of Autun, dined together, and Hamilton drank freely. Conversing on the
treaty, Talleyrand said, " mais vraiment Monsieur Hamilton, ce n'est pas bien
honnete, , after making the Senate ratify the treaty, to advise the President
to reject it." "The treaty," said Hamilton, " is an execrable one, and Jay was
an old woman for making it; but the whole credit of saving us from it must be
given to the President." After circumstances had led to a conclusion that the
President also must ratify it, he said to the same Talleyrand, " though the
treaty is a most execrable one, , yet when once, we have come to a
determination on it, we must carry it through thick and thin, right or wrong."
Talleyrand told this to Volney, who told it to me. There is a letter now
appearing in the papers, from Pickering to Monroe, dated July the 24th, 1797,
which I am satisfied is written by Hamilton. He was in Philadelphia at that
date.
December the 26th, 1797. Landon tells me, that at the second election of
President and Vice President of the United States, when there was a
considerable vote given to Clinton in opposition to Mr. Adams, he took occasion
to remark it in .conversation in the Senate chamber with Mr. Adams, who,
gritting his teeth, said, " damn 'em, damn 'em
The Anas 417
damn 'em, you see that an elective government will not do." He also tells me
that Mr. Adams, in a late conversation, said, " republicanism must be
disgraced, Sir." The Chevalier Yruho called on him at Braintree, and conversing
on French affairs, and Yruho expressing his belief of their stability, in
opposition to Mr. Adams, the latter lifting up and shaking his finger at him,
said, " I'll tell you what the French republic will not last three months."
This I had from Yruho. Harper, lately in a large company, was saying that the
best thing the friends of the French could do, was to pray for the restoration
of their monarch. " Then," said a bystander, " the best thing we could do, I
suppose, would be to pray for the establishment of a monarch in the United
States." " Our people," said Harper, " are not yet ripe for it, but it is the
best thing we can come to, and we shall come to it." Something like this was
said in presence of Findlay. He now denies it in the public papers, though it
can be proved by several members.
December the 27th. Tenche Coxe tells me, that a little before Hamilton went
out of office, or just as he was going out, taking with him his last
conversation, and among other things, on the subject of their differences, "for
my part," said he, " I avow myself a monarchist; I have no objection to a trial
being made of this thing of a republic, but," &c.
VOL. 1-27
418 Jefferson's Works
January the 5th, 1798. I receive a very remarkable fact indeed in our history,
from Baldwin and Skinner. Before the establishment of our present government, a
very extensive combination had taken place in New York and the eastern States,
among that description of people who were partly monarchical in principle, or
frightened with Shay's rebellion and the impotence of the old Congress.
Delegates in different places had actually had consultations on the subject of
seizing on the powers of a government, and establishing them by force; had
corresponded with one another, and had sent a deputy to General Washington to
solicit his cooperation. He refused to join them. The new convention was in the
meantime proposed by Virginia and appointed. These people believed it
impossible the States should ever agree on a government, as this must include
the impost and all the other powers which the States had a thousand times
refused to the general authority. They therefore let the proposed convention go
on, not doubting its failure, and confiding that on its failure would be a
still more favorable moment for their enterprise. They there- fore wished it to
fail, and especially, when Hamilton, their leader, brought forward his plan of
government, f ailed entirely in carrying it, and retired in disgust from the
convention. His associates then took every method to prevent any form of
government being agreed to. But the well-intentioned never ceased trying, first
one thing, then another, till they
The Anas 419
could get something agreed to. The final passage and adoption of the
Constitution completely defeated the views of the combination, and saved us
from an attempt to establish a government over us by force. This fact throws a
blaze of light on the conduct of several members from New York and the eastern
States in the convention of Annapolis, and the grand convention. At that of
Annapolis, several eastern members most vehemently opposed Madison's
proposition for a more general convention, with more general powers. They
wished things to get more and more into confusion, to justify the violent
measure they proposed. The idea of establishing a government by reasoning and
agreement, they publicly ridiculed as an Utopian project, visionary and
unexampled.
February the 6th, 1798. Mr. Baldwin tells me, that in a conversation yesterday
with Goodhue, on the state of our affairs, Goodhue said, " I'll tell you what,
I have made up my mind on this subject; I would rather the old ship should go
down than not;" (meaning the Union of the States). Mr. Hillhouse coming up, "
well," said Mr. Baldwin, " I'll tell my old friend Hillhouse what you say;" and
he told him. " Well," said Goodhue, " I repeat that I would rather the old ship
should go down, if we are to be always kept pumping so. " " Mr. Hillhouse, "
said Baldwin, " you remember when we were learning
420 Jefferson's Works
logic together at school, there was the case categorical and the case
hypothetical. Mr. Goodhue stated it to me first as the case categorical. I am
glad to see that he now changes it to the case hypothetical, by adding, " if we
are always to be kept pumping so." Baldwin went on then to remind Goodhue what
an advocate he had been for our tonnage duty, wanting to make it one dollar
instead of fifty cents; and how impatiently he bore the delays of Congress in
proceeding to retaliate on Great Britain before Mr. Madison's propositions came
on. Goodhue acknowledged that his opinions had changed since that.
DINNER WITH PRESIDENT ADAMS.
February the 15th, 1798. I dined this day with Mr. Adams, (the President). The
company was large. After dinner I was sitting next to him, and our conversation
was first on the enormous price of labor,(l) house rent, and other things. We
both concurred in ascribing it chiefly to the floods of bank paper now afloat,
and in condemning those institutions. We then got on the Constitution; and in
the course of our conversation he said, that no republic could ever last which
had not a Senate, and a Senate deeply and strongly rooted, strong enough to
bear
(1) He observed, that eight or ten years ago, he gave only fifty dollars to a
common laborer for his farm, finding him food and lodging. Now he gives one
hundred and fifty dollars, and even two hundred dollars to one.
The Anas 421
up against all popular storms and passions; that he thought our Senate as well
constituted as it could have been, being chosen by the legislatures; for if
these could not support them, he did not know what could do it; that perhaps it
might have been as well for them to be chosen by the State at large; as that
would insure a choice of distinguished men, since none but such could be known
to a whole people; that the only fault in our Senate was, that it was not
durable enough; that hitherto, it had behaved very well; however, he was afraid
they would give way in the end. That as to trusting to a popular assembly for
the preservation of our liberties, it was the merest chimera imaginable; they
never had any rule of decision but their own will ; that he would as lieve be
again in the hands of our old committees of safety, who made the law and
executed it at the same time; that it had been observed by some writer, (I
forget whom he named,) that anarchy did more mischief in one night, than
tyranny in an age; and that in modern times we might say with truth, that in
France, anarchy had done more harm in one night, than all the despotism of
their Kings had ever done in twenty or thirty years. The point in which he
views our Senate, as the colossus of the Constitution, serves as a key to the
politics of the Senate, who are two-thirds of them in his sentiments, and
accounts for the bold line of conduct they pursue.
422 Jefferson's Works
March the 1st. Mr. Tazewell tells me, that when the appropriations for the
British treaty were on the carpet, and very uncertain in the lower House, there
being at that time a number of bills in the hands of committees of the Senate,
none reported, and the Senate idle for want of them, he, in his place, called
on the committees to report, and particularly on Mr. King, who was of most of
them. King said that it was true the committees kept back their reports,
waiting the event of the question about appropriation; that if that was not
carried, they considered legislation as at an end; that they might as well
break up and consider the Union as dissolved. Tazewell expressed his
astonishment at these ideas; and called on King to know if he had
misapprehended him. King rose again and repeated the same words. The next day,
Cabot took an occasion in debate, and so awkward a one as to show it was a
thing agreed to be done, to repeat the same sentiments in stronger terms, and
carried further, by declaring a determination on their side to break up and
dissolve the government.
March the 11th. In conversation with Baldwin, and Brown of Kentucky, Brown said
that in a private company once, consisting of Hamilton, King, Madison, himself,
and some one else making a fifth, speaking of the " federal government;" " Oh !
" said Hamilton, " say the federal monarchy, let us call things by their right
names, for a monarchy it is."
The Anas 423
Baldwin mentions at table the following fact: When the bank bill was under
discussion in the House of Representatives, Judge Wilson came in, and was
standing by Baldwin. Baldwin reminded him of the following fact which passed in
the grand convention : Among the enumerated powers given to Congress, was one
to erect corporations. It was, on debate, struck out. Several particular powers
were then proposed. Among others, Robert Morris proposed to give Congress a
power to establish a national bank. Gouverneur Morris opposed it, observing
that it was extremely doubtful whether the Constitution they were framing could
ever be passed at all by the people of America; that to give it its best
chance, however, they should make it as palatable as possible, and put nothing
into it not very essential, which might raise up enemies; that his colleague
(Robert Morris) well knew that "a bank" was, in their State, (Pennsylvania,)
the very watchword of party; that a bank had been the great bone of contention
between the two parties of the State from the establishment of their
constitution, having been erected, put down, and erected again, as either party
preponderated; that therefore, to insert this power, would instantly enlist
against the whole instrument, the whole of the anti-bank party in Pennsylvania.
Whereupon it was rejected, as was every other special power, except that of
giving copyrights to authors, and patents to inventors; the general power of
incorporating being whittled down to this shred. Wilson agreed to the fact.
424 Jefferson's Works
Mr. Hunter, of South Carolina, who lodges with Rutledge,(l) tells me that
Rutledge was explaining to him the plan they proposed to pursue as to war
measures when Otis came in. Rutledge addressed Otis. Now, sir, said he, you
must come forward with something liberalfúor the southern States, fortify their
harbors, and build gallies, in order to obtain their concurrence. Otis said, we
insist on convoys for our European trade, and guayda costas, on which condition
alone we will give them gallies and fortifications. Rutledge observed, that in
the event of war, McHenry and Pickering must go out; Wolcott, he thought, might
remain, but the others were incapable of conducting a war. Otis said the
eastern people would never abandon Pickering, he must be retained; McHenry
might go. They considered together whether General Pinckney would accept the
office of Secretary of War. They apprehended he would not. It was agreed in
this conversation that Sewall had more the ear of the President than any other
person.
March the 12th. When the bill for appropriations was before the Senate,
Anderson moved to strike cut a clause recognizing (by way of appropriation) the
appointment of a committee by the House of Representatives to sit during their
recess to collect evidence on Blount's case, denying they had power, but by a
law, to authorize a committee to sit during recess. (1) J. Rutledge, junior.
The Anas 425
Tracy advocated the motion, and said, " We may as well speak out. The committee
was appointed by the House of Representatives to take care of the British
Minister, to take care of the Spanish Minister, to take care of the Secretary
of State, in short, to take care of the President of the United States. They
were afraid the President, and Secretary of State would not perform the office
of collecting evidence faithfully; that there would be collusion, &c.
Therefore, the House appointed a committee of their own. We shall have them
next sending a committee to Europe to make a treaty, &c. Suppose that the House
of Representatives should resolve, that after the adjournment of Congress, they
should continue to sit as a committee of the whole House during the whole
recess." This shows how the appointment of that committee has been viewed by
the President's friends. April the 5th. Doctor Rush tells me he had it from
Mrs. Adams, that not a scrip of a pen has passed between the late and present
President since he came into office.
April the 13th. New instructions of the British Government to their armed ships
now appear, which clearly infringe their treaty with us, by authorizing them to
take our vessels carrying produce of the French colonies from those colonies to
Europe, and to take vessels bound to a blockaded port. See them in Brown's
paper, of April the 18th, in due form.
426 Jefferson's Works
The President has sent a government brig to France, probably to carry
despatches. He has chosen as the bearer of these one Humphreys, the son of a
ship carpenter, ignorant, under age, not speaking a word of French, most
abusive of that nation, whose only merit is, the having mobbed and beaten Bache
on board the frigate built here, for which he was indicted and punished by
fine.
April the 25th. At a dinner given by the bar to the federal judges, Chase and
Peters, present about twenty-four lawyers, and William Tilghman in the chair,
this toast was given, "Our King in old England." Observe the double entendre on
the word King. Du Ponceau, who was one of the bar present, told this to Tenche
Coxe, who told me in presence of H. Tazewell. Dallas was at the dinner; so was
Colonel Charles Sims, of Alexandria, who is here on a lawsuit vs. General
Irving.
May the 3d. The President some time ago appointed Steele, of Virginia, a
commissioner to the Indians, and recently Secretary of the Mississippi
Territory. Steele was a Counsellor of Virginia, and was voted out by the
Assembly because he turned tory. He then offered for Congress, and was rejected
by the people. Then offered for the Senate of Virginia, and was rejected: The
President has also
The Anas 427
appointed Joseph Hopkinson commissioner to make a treaty with the Oneida
Indians: He is a youth of about twenty-two or twenty-three, and has no other
claims to such an appointment than extreme toryism, and the having made a poor
song to the tune of the President's March.
October the 13th, 1798. Littlepage, who has been on one or two missions from
Poland to Spain, said that when Gardoqui returned from America, he settled with
his court an account of secret service money of six hundred thousand dollars.
Ex-relatione Colonel Monroe.
January, 1799. In a conversation between Dr. Ewen and the President, the former
said one of his sons was an aristocrat, the other a democrat. The President
asked if it was not the youngest who was the democrat. " Yes," said Ewen. "
Well," said the President, " a boy of fifteen who is not a democrat is good for
nothing, and he is no better who is a democrat at twenty." Ewen told Hurt, and
Hurt told me.
January the 14th. Logan tells me that in his conversation with Pickering on his
arrival, the latter abused Gerry very much ; said he was a traitor to his
country, and had deserted the post to which he was appointed; that the French
temporized at first
428 Jefferson's Works
with Pinckney, but found him too much of a man for their purpose. Logan
observing, that notwithstanding the pacific declarations of France, it might
still be well to keep up the military ardor of our citizens, and to have the
militia in good order; "the militia;" said Pickering " the militia never did
any good to this country, except in the single affair of Bunker Hill; that we
must have a standing army of fifty thousand men, which being stationed in
different parts of the continent, might serve as rallying points for the
militia, and so render them of some service." In his conversation with Mr.
Adams, Lagan mentioned the willingness of the French to treat with Gerry. "And
do you know why ?" said Mr. Adams. " Why, sir ? " said Logan. "Because," said
Mr. Adams; "they know him to have been an anti-federalist, against the
Constitution." January the 2d, l800. Information from Tenche Coxe. Mr. Liston
had sent two letters to the Governor of Canada by one Sweezy. He had sent
copies of them, together with a third (original) by one Cribs. Sweezy was
arrested (being an old horse thief), and his papers examined. T. Coxe had a
sight of them. As soon as a rumor got out that there were letters of Mr. Liston
disclosed, but no particulars yet mentioned, Mr. Liston suspecting that Cribs
had betrayed him, thought it best to bring all his three letters, and lay them
before Pickering, Secretary of State. Pickering thought them all very innocent.
In his office they were seen by a Mr.
The Anas 429
Hodgen, of New Jersey, commissary of military stores, and the intimate friend
of Pickering. It happens that there is some land partnership between Pickering,
Hodgen and Coxe, so that the latter is freely and intimately visited by Hodgen,
who, moreover, speaks freely with him on political subjects. They were talking
the news of the day, when Mr. Coxe observed that these intercepted letters of
Liston were serious things ; (nothing being yet out but a general rumor).
Hodgen asked which he thought the most serious. Coxe said the second; (for he
knew yet of no other). Hodgen said he thought little of any of them, but that
the third was the most exceptionable: This struck Coxe, who, not betraying his
ignorance of a third letter, asked generally what part of that he alluded to.
Hodgen said to that wherein he assured the Governor of Canada, that if the
French invaded Canada, an army would be marched from these States to his
assistance. After this it became known that it was Sweezy who was arrested, and
not Cribs ; so that Mr. Liston had made an unnecessary disclosure of his third
letter to Mr. Pickering, who, however, keeps his secret for him. In the
beginning of the conversation between Hodgen and Coxe, Coxe happened to name
Sweezy as the bearer of the letters. " That's not his name," said Hodgen (for
he did not know that two of the letters had been sent by Sweezy also), "his
name is Cribs." This put Coxe on his guard, and sent him fishing for the new
matter.
430 Jefferson's Works
January the 10th. Doctor Rush tells me that he had it from Samuel Lyman, that
during the X Y Z Congress, the federal members held the largest caucus they
have ever had, at which he was present, and the question was proposed and
debated, whether they should declare war against France, and determined in the
negative. Lyman was against it. He tells me, that Mr. Adams told him, that when
he came on in the fall to Trenton, he was there surrounded constantly by the
opponents of the late mission to France. That Hamilton pressing him to delay
it, said, " Why, sir, by Christmas, Louis the XVIII. will be seated on his
throne." Mr. A. "By whom?" H. "By the coalition." Mr. A. "Ah! then farewell to
the independence of Europe. If a coalition moved by the finger of England, is
to give a government to France, there is an end to the independence of every
country. "
January the 12th. General Samuel Smith says that Pickering, Wolcott, and
McHenry, wrote a joint letter from Trenton to the President, then at Braintree,
dissuading him from the mission to France. Stoddard refused to join in it.
Stoddard says the instructions are such, that if the Directory have any
disposition to reconciliation, a treaty will be made. He observed to him, also,
that Ellsworth looks beyond this mission to the Presidential chair. That with
this view, he will endeavor to make a treaty,
The Anas 431
and a good one. That Davie has the same vanity and views. All this communicated
by Stoddard to S. Smith.
January the 13th. Baer and Harrison G. Otis told J. Nicholas; that in the
caucus mentioned ante 10th, there wanted but five votes to produce a
declaration of war. Baer was against it.
January the 19th. W. C. Nicholas tells me, that in a conversation with Dexter
three or four days ago, he asked Dexter whether it would not be practicable for
the States to agree on some uniform mode of choosing electors of President.
Dexter said, " I suppose you would prefer an election by districts." " Yes,"
said Nicholas, " I think it would be best; ; but would nevertheless agree to
any other consistent with the Constitution." Dexter said he did not know what
might be the opinion of his State, but his own was, that no mode of election
would answer any good purpose; that he should prefer one for life. " On that
reasoning, " said Nicholas, " you should prefer an hereditary one." " No," he
said,"we are not ripe for that yet. I suppose," added he" this doctrine is not
very popular with you. " " No "said Nicholas, " it would effectually damn any
man in my State." " So it would in mine," said Dexter;" but I am under no
inducement to belie my sentiment, I have nothing to ask from anybody; I had
432 Jefferson's Works
rather be at home than here, therefore I speak my sentiments freely." Mr.
Nicholas, a little before or after this, made the same proposition of a uniform
election to Ross, who replied that he saw no good in any kind of election. "
Perhaps, " said he, " the present one may last awhile. " On the whole, Mr.
Nicholas thinks he perceives in that party, a willingness and a wish to let
everything go from bad to worse, to amend nothing, in hopes it may bring on
confusion, and open a door to the kind of government they wish. In a
conversation with Gunn, who goes with them, but thinks in some degree with us,
Gunn told him that the very game which the minority of Pennsylvania is now
playing with McKean, (see substitute of minority in lower House, and address of
Senate in upper,) was meditated by the same party in the federal government, in
case of the election of a republican President ; and that the eastern States
would in that case throw things into confusion, and break the Union. That they
have in a great degree got rid of their paper, so as no longer to be creditors,
and the moment they cease to enjoy the plunder of the immense appropriations
now exclusively theirs, they would aim at some other order of things.
January the 24th. Mr. Smith, a merchant of Hamburg, gives me the following
information: The St. Andrew's Club of New York, (all of Scotch tories,) gave a
public dinner lately. Among other
The Anas 433
guests, Alexander Hamilton was one. After dinner, the first toast was, " The
President of the United States." It was drank without any particular
approbation. The next was, " George the Third." Hamilton started up on his
feet, and insisted on a bumper and three cheers. The whole company accordingly
rose and gave the cheers. One of them, though a federalist, was so disgusted at
the partiality shown by Hamilton to a foreign sovereign over his own President,
that he mentioned it to a Mr. Schwarthouse, an American merchant of New York,
who mentioned it to Smith. Mr. Smith also tells me, that calling one evening on
Mr. Evans, then Speaker of the House of Representatives of Pennsylvania, and
asking the news, Evans said Harper had been just there, and speaking of the
President's setting out to Braintree, said, " he prayed to God that his horses
might run away with him, or some other accident happen to break his neck before
he reached Braintree." This was indignation at his having named Murray, &c., to
negotiate with France. Evans approved of the wish.
February the lst. Doctor Rush tells me that he had it from Asa Green, that
when the clergy addressed General Washington on his departure from the
Government, it was observed in their consultation, that he had never, on any
occasion, said a word to the public which showed a belief in the Christian
VOL. 1-28
434 Jefferson's Works
religion, and they thought they should so pen their address, as to force him at
length to declare publicly whether he was a Christian or not. They did so.
However, he observed, the old fox was too cunning for them. He answered every
article of their address particularly except that, which he passed over without
notice. Rush observes, he never did say a word on the subject in any of his
public papers, except in his valedictory letter to the Governors of the States,
when he resigned his commission in the army, wherein he speaks of " the benign
influence of the Christian religion." I know that Gouverneur Morris, who
pretended to be in his secrets and believed himself to be so, has often told me
that General Washington believed no more of that system than he himself did.
March, l800. Heretical doctrines maintained in Senate, on the motion against
the Aurora. That there is in every legal body of men a right of
selfpreservation, authorizing them to do whatever is necessary for that
purpose: by Tracy, Read, and Lawrence. That the common law authorizes the
proceeding proposed against the Aurora, and is in force here: by Read. That the
privileges of Congress are and ought to be indefinite : by Read. Tracy says, he
would not say exactly that the common law of England in all its extent is in
force here; but common sense, reason and morality,
The Anas 435
which are the foundations of the common law, are in force here, and establish a
common law. He held himself so nearly half way between the common law of
England and what everybody else has called natural law, and not common law,
that he could hold to either the one or the other, as he should find expedient.
Dexter maintained that the common law, as to crimes, is in force in the United
States. Chipman says, that the principles of common right are common law.
March the 11th. Conversing with Mrs. Adams on the subject of the writers in
the newspapers, I took occasion to mention that I never in my life had,
directly or indirectly, written one sentence for a newspaper; which is an
absolute truth. She said that Mr. Adams, she believed, had pretty well ceased
to meddle in the newspapers, since he closed the pieces on Davila. This is the
first direct avowal of that work to be his, though long and universally
understood to be so.
March the l4th. Freneau, in Charleston, had the printing of the laws in his
paper. He printed a pamphlet of Pinckney's letters on Robbins' case. Pickering
has given the printing of the laws to the tory paper of that place, though not
of half the circulation. The printing amounted to about one hundred dollars a
year.
436 Jefferson's Works
March the 24th. Mr. Perez Morton of Massachusetts tells me that Thatcher, on
his return from the war Congress, declared to him he had been for a declaration
of war against France, and many others also; but that on counting noses they
found they could not carry it, and therefore did not attempt it.
March the 27th. Judge Breckenridge gives me the following information: He and
Mr.. Ross were originally very intimate; indeed, he said, he found him keeping
a little Latin school, and advised and aided him in the study of law, and
brought him forward. After Ross became a Senator, and particularly at the time
of the western insurrection, they still were in concert. After the British
treaty, Ross, on his return, informed him there was a party in the United
States who wanted to overturn the Government, who were in league with France;
that France, by a secret article of treaty with Spain was to have Louisiana;
and that Great Britain was likely to be our best friend and dependence. On this
information, he, Breckenridge, was induced to become an advocate for the
British treaty. During this intimacy with Ross, he said, that General Collot,
in his journey to the western country, called on him, and he frequently led
Breckenridge into conversations on their grievances under the Government, and
particularly the western expedition; that he spoke to him of the advantages
that country
The Anas 437
would have in joining France when she should hold Louisiana ; showed him a map
he had drawn of that part of the country; pointed out the passes in the
mountain, and the facility with which they might hold them against the United
States, and with which France could support them from New Orleans. He said,
that in these conversations, Gollot let himself out with common prudence. He
said, Michaud, (to whom I, at the request of Genet, had given a letter of
introduction to the Governor of Kentucky as a botanist, which was his real
profession,) called on him; that Michaud had a commissary's commission for the
expedition, which Genet had planned from that quarter against the Spaniards ;
that , the late Spanish commandant of St. Genevieve, with one Powers, an
Englishman, called on him. That from all these circumstances, together with
Ross's stories, he did believe that there was a conspiracy to deliver our
country, or some part of it at least, to the French; that he made notes of what
passed between himself and Collot and the others, and lent them to Mr. Ross,
who gave them to the President, by whom they were deposited in the office of
the Board of War; that when he complained to Ross of this breach of confidence,
he endeavored to get off by compliments on the utility and importance of his
notes. They now cooled towards each other ; and his opposition to Ross's
election as Governor has separated them in truth, though not entirely to
appearance,
438 Jefferson's Works
Doctor Rush tells me, that within a few days he has heard a member of Congress
lament our separation from Great Britain, and express his sincere wishes that
we were again dependent on her.
December the 25th, l800. Colonel Hitchburn tells me what Col. Monroe had
before told me of, as coming from Hitchburn. He was giving me the characters of
persons in Massachusetts. Speaking of Lowell, he said he was, in the beginning
of the Revolution, a timid whig, but as soon as he found we were likely to
prevail, he became a great office hunter. And in the very breath of speaking of
Lowell, he stopped : said he, I will give you a piece of information which I do
not venture to speak of to others. There was a Mr. Hale in Massachusetts; a
reputable, worthy man, who becoming a little embarrassed in his affairs, I
aided him, which made him very friendly to me. He went to Canada on some
business. The Governor there took great notice of him. On his return, he took
occasion to mention to me that he was authorized by the Governor of Canada to
give from three to five thousand guineas each to himself and some others; to
induce them, not to do anything to the injury of their country, but to befriend
a good connection between England and it. Hitchburn said he would think of it,
and asked Halc to come and dine with him tomorrow, after dinner he drew Hale
fully out. He
The Anas 439
told him he had his doubts, but particularly, that he should not like to be
alone in such a business. On that, Hale named to him four others who were to be
engaged, two of whom, said Hitchburn, are now dead, and two living. Hitchburn,
when he had got all he wanted out of Hale, declined in a friendly way. But he
observed those four men, from that moment, to espouse the interests of England
in every point and on every occasion. Though he did not name the men to me, yet
as the speaking of Lowell was what brought into his head to tell me this
anecdote, I concluded he was one. From other circumstances respecting Stephen
Higginson, of whom he spoke, I conjectured him to be the other living one.
December the 26th. In another conversation, I mentioned to Colonel Hitchburn,
that though he had not named names, I had strongly suspected Higginson to be
one of Hale's men. He smiled and said, if I had strongly suspected any man
wrongfully from his information, he would undeceive me; that there were no
persons he thought more strongly to be suspected himself, than Higginson and
Lowell. I considered this as saying they were the men. Higginson is employed in
an important business about our navy.
February the l2th, 1801. Edward Livingston tells me, that Bayard applied to-day
or last night to
446 Jefferson's Works
General Samuel Smith, and represented to him the expediency of his coming over
to the States who vote for Burr, that there was nothing in the way of
appointment which he might not command, and particularly mentioned the
Secretaryship of the Navy. Smith asked him if he was authorized to make the
offer. He said he was authorized. Smith told this to Livingston, and to W. C.
Nicholas who confirms it to me. Bayard in like manner tempted Livingston, not
by offering any particular office, but by representing to him his,
Livingston's, intimacy and connection with Burr; that from him he had
everything to expect, if he would come over to him. To Doctor Linn of New
Jersey, they have offered the government of New Jersey. See a paragraph in
Martin's Baltimore paper of February the 10th, signed, " A LOOKER. on," stating
an intimacy of views between Harper and Burr.
February the l4th. General Armstrong tells me, that Gouverneur Morris, in
conversation with him to-day on the scene which is passing, expressed himself
thus. " How comes it," said he, " that Burr who is four hundred miles off, (at
Albany,) has agents here at work with great activity, while Mr. Jefferson, who
is on the spot, does nothing?" This explains the ambiguous conduct of himself
and his nephew, Lewis Morris, and that they were holding themselves free for a
prize; I. e., some office, either to the uncle or nephew.
The Anas 441
February the l6th. See in the Wilmington Mirror of February the l4th, Mr.
Bayard's elaborate argument to prove that the common law, as modified by the
laws of the respective States at the epoch of the ratification of the
Constitution, attached to the courts of the United States.
June the 23d, 1801. Andrew Ellicot tells me, that in a conversation last
summer with Major William Jackson of Philadelphia, on the subject of our
intercourse with Spain, JaGkson said we had managed our affairs badly; that he
himself was the author of the papers against the Spanish ministers signed
Americanus; that his object was irritation; that he was anxious, if it could
have been brought about, to have plunged us in a war with Spain, that the
people might have been occupied with that, and not with the conduct of the
Administration, and other things they had no business to meddle with.
December the l3th, 1803. The Reverend Mr. Coffin of New England, who is now
here soliciting donations for a college in Greene county, in Tennessee, tells
me that when he first determined to engage in this enterprise, he wrote a paper
recommendatory of the enterprise, which he meant to get signed by clergymen,
and a similar one for persons in a civil character, at the head of which he
wished Mr. Adams to put his name, he being then President, and the
442 Jefferson's Works
application going only for his name, and not for a. donation. Mr. Adams, after
reading the paper and considering, said, " he saw no possibility of continuing
the union of the States ; that their dissolution must necessarily take place;
that he therefore saw no propriety in recommending to New England men to
promote a literary institution in the south ; that it was in f act giving
strength to those who were to be their enemies; and, therefore, he would have
nothing to do with it."
December the 3lst. After dinner to-day, the pamphlet on the conduct of Colonel
Burr being the subject of conversation, Matthew Lyon noticed the insinuations
against the republicans at Washington, pending the Presidential election, and
expressed his wish that everything was spoken out which was known; that it
would then appear on which side there was a bidding for votes, and he declared
that John Brown of Rhode Island, urging him to vote for Colonel Burr, used
these words : " What is it you want, Colonel Lyon? Is it office, is it money?
Only say what you want, and you shall have it."
January the 2d, l804. Colonel Hitchburn of Massachusetts, reminding me of a
letter he had written me from Philadelphia, pending the Presidential election,
says he did not. therein give the details. That he was in company at
Philadelphia with Colonel
The Anas 443
Burr and * * * * * * * * that in the course of the conversation on the
election, Colonel Burr said, " we must have a President, and a constitutional
one, in some way." " How is it to be done ", said Hitchburn; " Mr. Jefferson's
friends will not quit him, and his enemies are not strong enough to carry
another." " Why," said Burr, " our friends must join the federalists, and give
the President." The next morning at breakfast, Colonel Burr repeated nearly the
same, saying, " we cannot be Without a President, our friends must join the
federal vote." "But," said Hitchburn, "we shall then be without a
Vice-President ; who is to be our Vice President ?" Colonel Burr answered, "
Mr. Jefferson."
CONVERSATIONS WITH AARON BURR.
January the 26th. Colonel Burr, the Vice-President, calls on me in the evening,
having previously asked an opportunity of conversing with me. He began by
recapitulating summarily, that he had come to New York a stranger, some years
ago ; that he found the country in possession of two rich families (the
Livingstons and Clintons) ; that his pursuits were not political, and he
meddled not. When the crisis, however, of l800 came on, they found their
influence worn out, and solicited his aid with the people. He lent it without
any views of promotion. That his being named as a candidate for Vice-President
was unexpected by him. He
444 Jefferson's Works
acceded to it with a view to promote my fame and advancement, and from a desire
to be with me, whose company and conversation had always been fascinating to
him. That since, those great families had become hostile to him, and had
excited the calumnies which I had seen published. That in this Hamilton had
joined, and had even written some of the pieces against him. That his
attachment to me had been sincere, and was still unchanged, although many
little stories had been carried to him, and he supposed to me also, which he
despised; but that attachments must be reciprocal or cease to exist, and
therefore he asked if any change had taken place in mine towards him; that he
had chosen to have this conversation with myself directly, and not through any
intermediate agent. He reminded me of a letter written to him about the time of
counting the votes, (say February, 1801,) mentioning that his election had left
a chasm in my arrangements; that I had lost him from my list in the
Administration, &c. He observed, he believed it would be for the interest of
the republican cause for him to retire; that a disadvantageous schism would
otherwise take place ; but that were he to retire, it would be said he shrunk
from the public sentence, which he never would do; that his enemies were using
my name to destroy him, and something was necessary from me to prevent and
deprive them of that weapon, some mark of favor from me which would declare to
the world that he retired with my confidence.
The Anas 445
I answered by recapitulating to him what had been my conduct previous to the
election of l800. That I had never interfered directly or indirectly with my
friends or any others, to influence the election either for him or myself ;
that I considered it as my duty to be merely passive, except that in Virginia,
I had taken some measures to procure f or him the unanimous vote of that State,
because I thought any failure there might be imputed to me. That in the
election now coming on, I was observing the same conduct, held no councils with
anybody respecting it, nor suffered any one to speak to me on the subject,
believing it my duty to leave myself to the free discussion of the public ;
that I do not at this moment know, nor have ever heard, who were to be proposed
as candidates for the public choice, except so far as could be gathered from
the newspapers. That as to the attack excited against him in the newspapers, I
had noticed it but as the passing wind ; that I had seen complaints that
Cheetham, employed in publishing the laws, should be permitted to eat the
public bread and abuse its second officer ; that as to this, the publishers of
the laws were appointed by the Secretary of the State, without any reference to
me; that to make the notice general, it was often given to one republican and
one federal printer of the same place ; that these federal printers did not in
the least intermit their abuse of me, though receiving emoluments from the
governments and that I have never thought it proper to interfere far myself,
446 Jefferson's Works
and consequently not in the case of the Vice-President. That as to the letter
he referred to, I remembered it, and believed he had only mistaken the date at
which it was written; that I thought it must have been on the first notice of
the event of the election of South Carolina; and that I had taken that occasion
to mention to him, that I had intended to have proposed to him one of the great
offices, if he had not been elected ; but that his election in giving him a
higher station had deprived me of his aid in the Administration. The letter
alluded to was, in fact, mine to him of December the l5th, l800. I now went on
to explain to him verbally, what I meant by saying I had lost him from my list.
That in General Washington's time, it had been signified to him that Mr. Adams
the Vice-President, would be glad of a foreign embassy; that General Washington
mentioned it to me, expressed his doubts whether Mr. Adams was a fit character
for such an office, and his still greater doubts, indeed his conviction, that
it would not be justifiable to send away the person who, in case of his death,
was provided by the Constitution to take his place ; that it would moreover
appear indecent for him to be disposing of the public trusts, in apparently
buying off a competitor for the public favor. I concurred with him in the
opinion, and, if I recollect rightly, Hamilton, Knox, and Randolph were
consulted and gave the same opinions. That when Mr. Adams came to the
Administration in his first
The Anas 447
interview with me, he mentioned the necessity of a mission to France, and how
desirable it would have been to him if he could have got me to undertake it;
but that he conceived it would be wrong in him to send me away, and assigned
the same reasons General Washington had done; and therefore, he should appoint
Mr. Madison, &c. That I had myself contemplated his (Colonel Burr's)
appointment to one of the great offices, in case he was not elected
Vice-president ; but that as soon as that election was known, I saw it could
not be done, for the good reasons which had led General Washington and Mr.
Adams to the same conclusion; and therefore, in my first letter to Colonel
Burr, after the issue was known, I had mentioned to him that a chasm in my
arrangements had been produced by this event. I was thus particular in
rectifying the date of this letter, because it gave me an opportunity of
explaining the grounds on which it was written, which were, indirectly, an
answer to his present hints. He left the matter with me for consideration, and
the conversation was turned to indifferent subjects. I should here notice, that
Colonel Burr must have thought that I could swallow strong things in my own
favor, when he founded his acquiescence in the nomination as Vice-President, to
his desire of promoting my honor, the being with me, whose company and
conversation had always been fascinating with him, &c. I had never seen Colonel
Burr till he came as a member of Senate. His conduct very
448 Jefferson's Works
soon inspired me with distrust. I habitually cautioned Mr. Madison against
trusting him too much. I saw afterwards, that under General Washington's and
Mr. Adams' administrations, whenever a great military appointment or a
diplomatic one was to be made, he came post to Philadelphia to show himself,
and in fact that he was always at market, if they had wanted him. He was indeed
told by Dayton in l800, he might be Secretary of War; but this bid was too
late. His election as Vice-President was then foreseen. With these impressions
of Colonel Burr, there never had been an intimacy between us, and but little
association. When I destined him for a high appointment, it was out of respect
for the favor he had obtained with the republican party, by his extraordinary
exertions and successes in the New York election in l800.
April the l5th, 1806. About a month ago, Colonel Burr called on me, and entered
into a conversation, in which he mentioned, that a little before my coming into
office, I had written to him a letter intimating that I had destined him for a
high employ, had he not been placed by the people in a different one; that he
had signified his willingness to resign as Vice-President, to give aid to the
Administration in any other place; that he had never asked an office however;
he asked aid of nobody, but could walk on his own legs and take care of himself
; that I had always used him with politeness, but nothing more;
The Anas 449
that he aided in bringing on the present order of things; that he had supported
the administration; and that he could do me much harm; he wished, however, to
be on different ground; he was now disengaged from all particular
business-willing to engage in something-should be in town some days, if I
should have anything to propose to him. I observed to him, that I had always
been sensible that he possessed talents which might be employed greatly to the
advantage of the public, and that as to myself, I had a confidence' that if he
were employed, he would use his talents for the public good; but that he must
be sensible the public had withdrawn their confidence from him, and that in a
government like ours it was necessary to embrace in its administration as great
a mass of public confidence as possible, by employing those who had a character
with the public, of their own, and not merely a secondary on e through the
executive. He observed, that if we believed a few newspapers, it might be
supposed he had lost the public confidence, but that I knew how easy it was to
engage newspapers in anything. I observed, that I did not refer to that kind of
evidence of his having lost the public confidence, but to the late Presidential
election, when, though in possession of the office of Vice-President, there was
not a single voice heard for his retaining it. That as to any harm he could do
me, I knew no cause why he should desire it, but, at the same time, I feared no
injury which any man
VOL.. 1-29
450 Jefferson's Works
could do me; that I never had done a single act, or been concerned in any
transaction, which I feared to have fully laid open, or which could do me any
hurt, if truly stated; that I had never done a single thing with a view to my
personal interest, or that of any friend, or with any other view than that of
the greatest public good; that, therefore, no threat or fear on that head would
ever be a motive of action with me. He has continued in town to this time;
dined with me this day week, and called on me to take leave two or three days
ago. I did not commit these things to writing at the time, but I do it now,
because in a suit between him and Cheetham, he has had a deposition of Mr.
Bayard taken, which seems to have no relation to the suit, nor to any other
object than to calumniate me. Bayard pretends to have addressed to me, during
the pending of the Presidential election in February, 1801, through General
Samuel. Smith, certain conditions on which my election might be obtained; and
that General Smith, after conversing with me, gave answers from me. This is
absolutely false. No proposition of any kind was ever made to me on that
occasion by General Smith, nor any answer authorized by me. And this fact
General Smith affirms at this moment. For some matters connected with this, see
my notes of February the lath and l4th, 1801, made at the moment. But the
following transactions took place about the same time, that is to say, while
the
The Anas 451
Presidential election was in suspense in Congress, which, though I did not
enter at the time,. they made such an impression on my mind, that they are now
as fresh, as to their principal circumstances, . as if they had happened
yesterday. Coming out of the Senate chamber one day, I found Gouverneur Morris
on the steps. He stopped me, and began a conversation on the strange and
portentous state of things then existing, and went on to observe, that the
reasons why the minority of States was so opposed to my being elected, were,
that they apprehended that, 1, I would turn all federalists out of office; a,
put down the navy; 3, wipe off the public debt. That I need only to declare, or
authorize my friends to declare, that I would not take these steps, and
instantly the event of the election would be fixed. I told him, that I should
leave the world to judge of the course I meant to pursue by that which I had
pursued hitherto, believing it to be my. duty to be passive and silent during
the present scene; that I should certainly make no terms ; should never go into
the office of President by capitulation, nor with my hands tied by any
conditions which should hinder me from pursuing the measures which I should
deem for the public good. It was understood that Gouverneur Morris had entirely
the direction of the vote of Lewis Morris of Vermont, who; by coming over to
Matthew Lyon, would have added another vote, and decided the election: About
the same time, I called on Mr. Adams. We
452 Jefferson's Works
conversed on the state of things. I observed to him, that a very dangerous
experiment was then in contemplation, to defeat the Presidential election by an
act of Congress declaring the right of the Senate to name a President of the
Senate, to devolve on him the government during any interregnum ; that such a
measure would probably produce resistance by force, and incalculable
consequences, which it would be in his power to prevent by negativing such an
act. He seemed to think such an act justifiable, and observed, it was in .my
power to fix the election by a word in an instant, by declaring I would not
turn out the federal officers, nor put down the navy, nor spunge the national
debt. Finding his mind made up as to the usurpation of the government by the
President of the Senate, I urged it no further, observed the world must judge
as to myself of the future by the past, and turned the conversation to
something else. About the same time, Dwight Foster of Massachusetts called on
me in my room one night, and went into a very long conversation on the state of
affairs, the drift of which was to let me understand, that the fears above
mentioned were the only obstacle to my election, to all of which I avoided
giving any answer the one way or the other. From this moment he became most
bitterly and personally opposed to me, and so has ever continued. I do not
recollect that I ever had any particular conversation with General Samuel Smith
on this subject. Very possibly I had,
The Anas 453
however, as the general subject and all its parts were the constant themes of
conversation in the private tete-a-tetes with our friends. But certain I am,
that neither he nor any other republican ever uttered the most distant hint to
me about submitting to any conditions, or giving any assurances to anybody, and
still more certainly, was neither he nor any other person ever authorized by me
to say what I would or would not do. * * *
* * * * * * * * *
CABINET MEETINGS.
April the 25th. Present all the members of the Cabinet. All the articles of a
treaty in maximo and minimo, were agreed to without a single dissent on any
article, the former instructions of Monroe were made the ground work. It was
proposed to consider whether any measures should be taken under the act for
detaching 100,000 militia. It was agreed not on the following grounds: 1. It
would spread considerable alarm through the country. 2. If New Orleans (the
only place to which danger is apprehended) be really attacked, succor from this
act is doubtful, if not desperate. 3. The language of Spain is entirely pacific
according to the last letters from Erving.(1) 4. Were she disposed to send
troops across the Atlantic, she could not do it in the present posture of
things on the ocean. 5. At Havana they have scarcely any
_______________
(1) G. W. Erving was secretary of Legation to Spain at that time.
454 Jefferson's Works
troops-certainly none to spare, at Pensacola and Mobile about 600. Baton Rouge
170. 6. In New Orleans we have 200, and in the vicinities which may be drawn
there in a few days l,000 more. The militia of New Orleans may be counted on
from 500 to l,000, and the seamen about as many more: so that an effective
force of about 3,000 may be relied on. We conclude therefore to adopt the
following measures: 1. The gunboats (eight in number) up the Ohio not being
ready, order the two bomb vessels and two gunboats built by Commodore Preble to
proceed immediately to Charleston, there take gunboat No. 1 and go on, the
three gunboats to Lake Pontchartrain and. the two Bombs to New Orleans where
the men and stores for them have been some time arrived. The rest of the
gunboats from the Mediterranean being daily expected at Charleston or Savanna,
if they arrive before those from the Ohio come down, order No. 4. to New
Orleans, because we consider six for the Mississippi and three for the lakes
sufficient, and when the Ohio boats come down the surplus may be brought off to
the Atlantic ports. The gunboats are depended on to guard the passage through
the lakes from the quarter of Mobile, to guard the entrance of the mouth of the
river from the sea, and to guard the crossing of it at the Acadian settlement
should troops approach from Nacogdoches and westward across the Chataleya along
the road to the Acadian. settlement.
The Anas 455
2. Block houses and other defensive works are immediately to be prepared on the
neck of the land along which the approach lays from Baton Rouge and Manshac ;
at Fort St. Jean, and the most advantageous defiles on the approaches from the
Eastward ; the troops remaining in the vicinities as at present on account of
their health. 3. The militia of New Orleans, Tombigbee, and Natchez to be kept
in readiness, those of New Orleans for its own defense, those of Tombigbee to
seize Mobile or Pensacola if their garrisons be drawn off to New Orleans, or to
follow on their rear; and those of Natchez to take Baton Rouge, if the garrison
be drawn, or to follow and cut off their retreat. There was no dissent to any
article of this plan.
May the lst. Present the four Heads of Departments. A letter from the mayor of
New York complaining of the murder lately committed, and the trespasses by the
Leander, Cambrian and Driver, and asking for a naval force, also the
depositions of Pierce. and . It was considered that the laws had made an
establishment of goo men for the navy in peace, with power to employ them in
any vessels we thought proper ; that these might man three frigates, that if it
would have been thought proper with three frigates to attack and drive off
these three British vessels, yet that two of the three were absent in the
Mediterranean, and the third hove down ; the latter not to be in readiness
under
456 Jefferson's Works
a month, and one of the former not possible to be called home under five
months, that for so distant and uncertain effect the defense of our commerce in
the Mediterranean ought not to be abandoned, that our gunboats were not as yet
in place to be stationed in New York and that therefore no force of either of
these descriptions were within our power. It was thought proper therefore to
recommend a regular prosecution of the murderl by the state courts of New York
or New Jersey if within their jurisdiction, or, if out of it, then by the
district court of the United States, and to issue a proclamation for
apprehending Henry ( ?) Whitby, commander of the Leander for the murder,
requiring the three vessels to depart, and interdicting them and all other
vessels commanded by the present captains of the Cambrian and Driver from the
harbors and waters of the United States, and on their failure to depart, or
reentering them, to prohibit all intercourse, see the proclamation which was
communicated and approved by each of the gentlemen. In all this there was no
difference of opinion except that General Dearborne thought we might hold out
some promise of naval defense to New York. On the prosecution of Ogden and
Smith for participating in Miranda's expedition the defense and their friends
having contrived to make it a government question, in which they mean to have
the
_______________
(1) A man on a sloop had been killed by a shot fired from the cruiser Leander.
The Anas 457
Administration and judge tried as the culprits instead of themselves,
Swartwout, the marshal, to whom, in his duel with Clinton, Smith was second,
and is bosom friend, summoned a panel of jurors, the greater part of which were
of the bitterest federalists, his letter, too, covering to a friend a copy of
Aristides and affirming that every fact in it was true as holy writ. Determined
unanimously, that he be removed.
July the llth. Consultation with_ the Secretary of the Navy, nine gunboats
built in the United States, and two gunboats bought in the Mediterranean,' with
two Bombs built in the United States, and two Bombs bought in the
Mediterranean, and three of our brigs, etc., are daily expected to arrive from
the Mediterranean, two of the brigs to come here, and all the other vessels to
Charleston. As everything at New Orleans is now quiet, and therefore not
pressing we conclude to depend on the eight gunboats built in the Ohio to be in
New Orleans in time, and to join to these by an immediate order one of Preble's
gunboats, and one of his bombs, this will make up the nine Gunboats agreed on
April 25th for the Mississippi and Pontchartrain, with the addition of the
bomb, two of the gunboats at Charleston, three shall remain there, three others
of them + No 1 (not fit for that place) shall go to Norfolk, six others of them
+ the other of Preble's gunboats shall go to New York, one boat only how
458 Jefferson's Works
ever is to be kept manned at each place, the rest to be hauled up. Preble's
other Bomb, the four bombs from the Mediterranean, and all the other brigs,
etc., from the Mediterranean to come here to be laid out.
July the 19th. Consultation with the Heads of Departments. An armed vessel at
Norfolk fitting out by Cooper to cruise as a Spanish or French privateer to be
seized and placed under a course of law, she is complained of by Mr. Merry.(1)
Officer to be indemnified. Yrujo-agreed to do nothing as yet. Mr. Madison
seemed of a different opinion. One gunboat to be kept in service at Charleston
and to act against privateers under former instructions, if the appropriation
will afford it. The frigate under Campbell in the Mediterranean to remain there
till next spring. Here General Dearborne was called away. Swartwout, if the
case versus Ogden and Smith is determined at the present session he is to be
removed immediately, if it lies over to another, term let him remain to
another.
October the 22nd. Present the four Heads of Departments. The Spaniards have
moved to Bayou Pierre a body of 1,000 or 1,200 men, mostly militia, mounted,
and 3OO regulars are expected to join them. Our regular force in the
Mississippi and Orleans
_______________
(1) Merry was the name of the British Minister.
The Anas 459
territories is 631 men at Natchitoches and ordered there from Fort Adams, 210.
At New Orleans, 240 new recruits arrived or arriving at Orleans, making in all
1,081, besides 130 at Tombigby. Two gunboats are at New Orleans (from Ohio) six
more daily expected from the same quarter. Two others and two bomb vessels from
Boston are arriving there about this time, and General Wilkinson asks 500
mounted men to secure his operations if forced to act hostilely, the acting
governor of Mississippi offers 250 volunteers for service on the west side of
the Mississippi, and 500 if employed on the east side; the Governor of Orleans
counts on 500 militia from the western countries of his territories. Agreed
unanimously to require from those two territories 500 volunteers mounted on
their own horses, engaged to serve six months, and to be in readiness when
called for by the commanding officer of the regulars. This under the law of the
last session for calling out a detachment of militia, and further that the
marines at New Orleans shall do garrison duty there, so that the 210 men at
that place may be moved up to Natchitoches, the gunboats to be under the orders
of the commanding officer. During the last session of Congress, Colonel Burr
who was here, finding no hope of being employed in any department of the
Government opened himself confidentially to some persons on whom he thought he
could rely, on a scheme of separating the Western from the Atlantic States, and
erecting
460 Jefferson's Works
the former into an independent confederacy; he had before made a tour of those
states, which had excited suspicions, as every motion does of such a
Catalinarian character; of his having made this proposition here we have
information from General Eaton, through Mr. Ely and Mr. Granger; he went off
this spring to the western country. Of his movements on his way information has
come to the Secretary of State and myself from John Nicholson and Mr. Williams
of the State of New Jersey, respecting a Mr. Tyler, Colonel Morgan, Nevill and
Roberts near Pittsburg, and to other citizens through other channels and the
newspapers. We are of opinion unanimously that confidential letters be written
to the Governors of Ohio, Indiana, Mississippi and Orleans, to the district
attorney of Kentucky, of Tennessee, of Louisiana, to have him strictly watched
and on his committing any overt act unequivocally, to have him arrested and
tried for treason, misdemeanor, or whatever other offense the act may amount
to. And in like manner to arrest and try any of his followers committing acts
against the laws. We think it proper also to order some of the gunboats up to
Fort Adams to stop by force any passage of suspicious persons going down in
force. General Wilkinson being expressly declared by Burr to Eaton to be
engaged with him in this design as his lieutenant or first in command, and
suspicions of infidelity in Wilkinson being now become
The Anas 461
very general, a question is proposed what is proper to be done as to him on
this account as well as for his disobedience of orders received by him June
llth, at St. Louis, to descend with all practicable despatch to New Orleans to
mark out the site of certain defensive works there, and then repair to take
command at Natchitoches, on which business he did not leave St. Louis till
Sept.--. Consideration adjourned.
October the 24th. It is agreed unanimously to call for Captains Preble and
Decatur to repair to New Orleans by land or sea as they please, there to take
command of the forces on the water, and that the Argus, and two gunboats from
New York, three from Norfolk and two from Charleston shall be ordered there, if
on a consultation between Mr. Gallatin and Mr. Smith the appropriations shall
be found to enable us. That Preble shall, on consultation with Governor
Claiborne have great discretionary powers. That Graham shall be sent through
Kentucky on Burr's trail, with discretionary powers to consult with the
Governors, and to arrest Burr if he has made himself liable. He is to have a
commission of Governor of Louisiana, and Doctor Browne is to be removed,
letters are to be written by post to Governor Claiborne, the Governor of
Mississippi and Colonel Freeman to be on their guard against any surprise of
our ports or vessels by him. The question as to General Wilkinson
462 Jefferson's Works
postponed till Preble's departure, for further information.
October the 25th. A mail arrived yesterday from the Westward, and not one word
is heard from that quarter of any movements by Colonel Burr. This total silence
of the officers of the Government, of the members of Congress, of the
newspapers, proves he is committing no overt act against law. We therefore
rescind the determination to send Preble, Decatur, the Argus or the gunboats,
and instead of them send off the marines, which are here to reinforce or take
the place of the garrison at New Orleans with a view to Spanish operations, and
instead of writing to the Governors, etc., we send Graham on that rout with
confidential authority to enquire into Burr's movements put the Governors,
etc., on their guard, to provide for his arrest if necessary, and to take on
himself the Government of Louisiana. Letters are still to be written to
Claiborne, Freeman, and the Governor of Mississippi to be on their guard.
November the 8th. Present the four Heads of Departments, agreed on instructions
to General Wilkinson, which see.
November the 25th. Present at first the four Heads of Departments, but after a
while General Dearborne withdrew, unwell. Dispatches from Gen-
The Anas 463
eral Wilkinson to myself of October 2lst by a confidential officer (Lt. Smith)
show that overtures have been made to him which decide that the present object
of the combinationl is an expedition by sea against Vera Cruz : and by
comparing the contents of a letter from Cowles Meade to the Secretary of State,
with the information from Lt. Smith that a Mr. Swartwout from New York, brother
of the irate Marshal, had been at General Wilkinson's camp we are satisfied
that Swartwout has been the agent through whom overtures have been made to
Wilkinson. We came to the following determination: that a proclamation be
issued (see it) and that orders go as follows to Pittsburg, if we have a
military officer there, write to him to be vigilant in order to discover
whether there are any preparations making, or boats or arms cr other military
stores or means providing by any persons against whom there is reasonable
ground to suspect that they have in contemplation a military enterprise against
any of the territories of Spain (contrary to the Stat. June 5, 94. c. 50), and
to stop all bodies of armed men who may be assembled to descend the Ohio under
circumstances and appearances so different from those of common emigrants as to
induce a reasonable suspicion that they are a part of a combination of persons
believed to have such an enterprise in view, to have them bound to the
observance of the peace and good
_______________
(1) Referring to Aaron Burr's " Conspiracy," for which he was tried in 1807,
and acquitted after a long trial.
464 Jefferson's Works
behavior; or put in a course of legal prosecution, according to the strength of
the evidence; and for this purpose to call in the aid of the militia; if we
have no officer there, then write to General Nevill. -Marietta. Mr. Gallatin is
to write to the Collector to proceed to seize the gunboats building in that
neighborhood and suspected to be destined for this enterprise, and to call in
the aid of the militia. General Dearborne to write to Governor Tiffin to
furnish a guard of militia, sufficient for the detention of the boats, and to
write to General Jackson, supposed to be the General of the Brigade on the
Virginia side of the river, to furnish any aid of militia which may be
necessary from 'the left bank of the river. -Louisville. General Dearborne to
write to the Governor of Kentucky of the same tenor as to the officer at
Pittsburg. -Massac. General Dearborne to give orders to Captain Bissel of the
same tenor, and particularly to stop armed vessels suspected on good grounds to
be proceeding on this enterprise and for this purpose to have in readiness any
boats he can procure, fitted for enabling him to arrest their passage.
-Chickasaw Bluffs. Give same orders as to Bissel. -Fort Adams. Give same orders
as to Bissel. -New Orleans. General Wilkinson to direct the stations of the
armed vessels, and if the arrangements with the Spaniards will permit him to
withdraw, let him dispose of his force as he thinks best to prevent any such
expedition, or any attempt on New Orleans, or any of the
The Anas 465
posts or military stores of the United States. (He is also to arrest persons
coming to his camp and proposing a concurrence in any such enterprise, or
suspected of being in camp with a view to propagate such propositions), this
addition is made by General Dearborne with my approbation.
December the l5th. See a message agreed on unanimously to furnish money for
distressed French -not sent; Turreau withdrawing request.
December the l6th. Present the four Heads of Departments, being informed that
the Cambrian, one of the vessels proscribed by the proclamation of May last, is
in Hampton road, we agreed to issue the proclamation, which see, dated December
20th, to write to Generals Matthews and Wells to furnish militia for cutting
off supplies, and to order the revenue cutters and boats, and the gunboats at
Norfolk under Captain Decatur to attend to the same: but first to inform Mr.
Erskinel of what is to be done, and detain our orders some days to give time
for the effect of his interference. The papers were to have gone off on the
20th, but that morning he informed Mr. Madison the Cambrian was gone--so our
orders and proclamation were suppressed, see the draught of the proclamation.
December the 19th. Present the Heads of Departments (except Mr. Gallatin). See
an unfin-
_______________
(1) Baron Erskine (David Montague) was British Minister to the United States,
1806-1810.
vol..1-30
466 Jefferson's Works
ished letter of December 20th to Governor Claiborne, containing the sum of the
orders agreed to be sent.
February the 2nd, 1807. Present the Heads of Departments and Attorney General,
letters having been received from our Ministers in London of November llth,
informing that they were likely to settle satisfactorily the great points of
colonial commerce (indirect) blockade, jurisdiction, commerce on footing gentis
amicissimae. East India the same, on that of Jay's treaty, but that the right
of taking their seamen out of our vessels at sea (which in its exercise 'took
ours also) would not be given up by treaty though moderated in practice, and
that our commanders meant to conclude such an one, I propose these questions.
1. Shall we agree to any treaty yielding the principle of our non-importing
act, and not securing us against impressments ? Unanimously not. Because it
would be yielding the only peaceable instrument for coercing all our rights.
The points they yield are all matters of right. They are points which Bonaparte
and Alexander will concur in settling at the treaty of peace, and probably in
more latitude than Great Britain would now yield them to us, and our treaty
would place on worse ground as to them than will be settled for Europe. The
moment is favorable for making a stand and they will probably yield and the
more probably as their negotiators had agreed to an article that they would not
impress
The Anas 467
on the high seas, or in any other than their own ports; which had once before
been agreed to with Mr. King,' but retracted in both cases. We had better have
no treaty than a bad one. It will not restore friendship, but keep us in a
state of constant irritation: 2. Shall we draw off in hostile attitude, or
agree formally that there shall be an understanding between us that we will act
in practice on the very principles proposed by the treaty (except as to the
East India commerce), they defining what breaks the continuity of a voyage;
blockades, jurisdiction, etc., and we agreeing to recommend to Congress to
continue the supervision of the nonimporting the last mode decided unanimously.
Art. 3. Shall we consult the Senate ? unanimously not, had the first question
been decided affirmatively their advice should have been asked. Mr. Madison was
not satisfied whether we ought not to propose giving up the right of employing
their seamen at all in our vessels, and making it penal on our commanders, as
an inducement to them to give up impressment and trust to the effect of such a
law for securing to them the use of all their seamen, our commander s are to be
immediately instructed to adhere to their original instructions which made the
impressment a sine qua non.
February the 27th. Present Madison, Dearborne, Smith, Rodney, agreed to
discharge all the militia
_______________
(1) Rufus King was Minister to England 1796 to 1804.
468 Jefferson's Works
at the stations from the mouth of Cumberland upwards, to give up all boats and
provisions seized (except Blannerhasset's) or pay the value, applying them in
that case to public use; to institute an inquiry into the proceedings of Burr
and his adherents from New York to New Orleans, and particularly to appoint
good men at the following points: Pittsburg, Marietta, Wood County, Cincinnati,
Louisville, Nashville, Vincennes, St. Louis, Natchez, New Orleans, Statesburg,
City of Washington, Philadelphia, New York, and other points in that State, to
take affidavits. The Attorney General to prepare interrogatories, the vessels
in the Mediterranean to be relieved, the Act for 30,000 volunteers, to be
committed to Governors of Western States for execution. The Arkansa to be
explored.
March the l7th. Present all. British treaty agreed that the article against
impressment shall be a sine qua non according to our instrument of February
3rd. So also the withdrawing the declaration respecting the French decree of
blockade or the modifying it so as not to affect the treaty, and as the treaty
is opened for these purposes, endeavor to alter the following articles, 1. East
India trade, restore Jay's articles. 2. Keep the one now in. 3. Expunge it, but
on this head we are to enquire of merchants before we send the instrument. Art.
8. Avoid if possible the express abandonment of free
The Anas 469
ships free goods. Art. 10. Have blockade defined according to the British note
formerly received. Art. 17. Expunge, stipulation to receive their vessels of
war, and especially the humiliating stipulation to treat their officer s with
respect, reserve the right to indemnifications-absolutely forbid the proposed
Convention for giving them a right to trade with the Indians of Louisiana. Art.
5. Tonnage, etc., consult with merchants. A circular letter to the Governors,
etc., for carrying the volunteer act in execution was agreed on.
Persons were named for conducting enquiries into Burr's treasons, etc., and his
associates, and Newark and Trenton in Jersey, and Newport in Kentucky were
added. It was agreed that the seamen employed at New Orleans were to be
considered and paid as militia at militia prices, and that the surplus pay
stipulated to them should be paid out of the Navy funds.
April the 3rd. Present the four Heads of Departments. Agreed to propose to
Great Britain not to employ any of her seamen on her stipulating not to impress
from our ships, to endeavor to make the article for indirect colonial commerce
extensive in time with the duration of the treaty, agreed also to admit them
under the former treaty to pay no more duty on Indian goods imported by the
lakes. than we take from our own people, on obtaining from them an
acknowledgment of our right to extend
470 Jefferson's Works the regulation, of Indian commerce within our limits to
their traders as well as our own, as is the case with commerce in general in
Atlantic States. The enquiry into Burr's conspiracy to be begun by the Attorney
General immediately. July the and. Present all the Heads of Department and
Attorney General. The Proclamation of this day unanimously agreed to.(1) A copy
of the proclamation to be enclosed to the Governors. Recall all our vessels
from the Mediterranean, by a vessel to be sent express. Send the Revenge to
England, with despatches to our Minister, demanding satisfaction for the attack
on the Chesapeake, in which must be included. 1. A disavowal of the Act and of
the principle of searching a public armed vessel. 2. A restoration of the men
taken. 3. A recall of Admiral Barclay. Communicate the incident which has
happened to Russia. Orders had been already issued for a court of enquiry on
Barron. The vessels recalled from the Mediterranean are to come to Boston. When
may be further orders.
July the 4th. Present the same. Agreed that a call of Congress shall issue the
fourth Monday of August (24th) to meet the fourth Monday in Octo
_______________
(1) Which was to the effect that all armed English ships leave the United
States' ports. This proclamation was provoked by the Chesapeake-Leopard affair.
The Anas 471
ber (26th) unless new occurrences should render an earlier call necessary. Mr.
Smith wished an earlier call.
July the 5th. Present the same. It was agreed to call on the Governors of the
States to have their quotas of l00,000 militia in readiness. The object is to
have the portions on the sea-coast ready for any emergency, and for those in
the North we may look to a winter expedition against Canada. July the 7th.
Present the Secretaries of State and Navy and Attorney General. Agreed to
desire Governor of Virginia to order such portion of Militia into actual
service as may be necessary for defense of Norfolk, and of the gunboats at
Hampton and in Matthews County..
July the 26th. Norfolk. Agreed that all the militia at this place, and on both
sides of the James river be dismissed, except : 1. An artillery company to
serve the spare guns at Norfolk, and to be trained to their management. 2. A
troop of cavalry to patrole the country in the vicinity of the squadron, as
well to cut off their supplies as to give notice of any sudden danger : to meet
which the militia of the borough and neighboring counties must hold themselves
in readiness to march at a moment's warning, a major to command the two
companies of artillery and cavalry. Offensive measures. Prepare all necessaries
for an attack of Upper
472 Jefferson's Works
Canada and the upper part of Lower Canada, as far as the mouth of Richlieu
river. Prepare also to take possession of the islands of Campobello, etc., in
the bay of Passamaquoddy. The points of attack in Canada to be-1. Detroit, 2.
Niagara, 3. Kingston, 4. Montreal.
1. Detroit. 300 militia of Michigan.
l000 " from the State of Ohio.
100 regulars from forts Detroit, Fort Wayne.
1400
2. Niagara. l500 militia from Pennsylvania and Genesee.
One artillery company of regulars from
Niagars.
1500
3. Kingston. 1500 militia from New York.
l500
4. Montreal. l500 militia from New York.
2000 " Vermont.
l000 " Massachusetts.
l000 " New Hampshire.
5500
5. Campobello. 500 militia from Maine.
10,300 militia.
General Officers for the attack on
Detroit,-General Hull.
Niagara.
Kingston,-Gansevoort.
Montreal.
Campobello,--Colonel Trescott, or Brigadier General Chandler,
The Anas 473
It is understood that everything which is not already in the neighborhood of
the places can be got and carried as fast as the men can be collected and
marched, except provisions to Detroit.
Half tents and travelling carriages for artillery to be made.
Measures to be taken for obtaining information from:
Detroit through General Hull.
Niagara-Erastus Granger.
Kingston.
Montreal-Saillee.
Quebec.
Halifax-some person to be covered under a commission for.
Some merchant who may have a vessel there under adjudication.
The Secretary at War to recommend to the Governors to press for twelve
month volunteers under the last act, rather than six months.
The same under the former.
July the 27th. Defensive measures. The places needing defense divided into
three classes. 1.-Where batteries only need be provided to be guarded in common
by a few men only and to be manned, when necessary; by militia.
2.-Places which from their importance, require some stronger defense, but which
from the forts
474 Jefferson's Works
already built, the difficulty of access and the strength of their adjacent
population need only repairs, some inconsiderable additions to their works and
garrisons. 3.-Places which from their importance, and ease of access by land or
water may be objects of attack and which from the weakness of their population,
difficulties of defense, etc., will need particular attention and provision, in
distributing the sea ports into these classes their importance so far as
depends on their tonnage, collection of import, exports domestic and foreign
may be obtained from a table prepared by the Secretary of the Treasury which
see. 1st class may be taken from :that table readily perhaps some places not in
that may require some defense.
2nd class.
Portsmouth, N. H.
Newburyport
Salem
Boston On each of these we conferred successively
Providence and came so far to a general understanding of
New London the nature and extent of the works, and num-
Saybrook ber of gunboats necessary for their defense, as
New Haven might enable the Secretary of War to make
Philadelphia out a detailed statement for each, for future
Wilmington, Del. consideration, estimating the expense of
Baltimore works, number of men, and number of gun
James River boats necessary for each.
Ocracoke
Wilmington, N. C.
Charleston
The Anas 475
3rd class.
Portland
Newport
New York On these also successively, conferences took
Alexandria and place so as to enable the Secretary of War to
Washington make a similar statement as to them.
Norfolk
Savanna
New Orleans
July the 28th. The existing appropriations for fortifications being not more
sufficient for New York, Charleston, .. and New Orleans, it is thought best to
employ them entirely on those places, and leave the others till further
appropriations. It is thought that the Secretary of the Navy should purchase on
credit timber and other materials for a great number of gunboats; suppose l00,
but that they should chiefly be of those kinds which may be useful for the Navy
should Congress not authorize the building gunboats. Also that he should
purchase on credit 500 tons of saltpetre and 100 tons of sulphur on the
presumption that Congress will sanction it. Our stock of swords, pistols and
mortars being not sufficient, the Secretary at War will take measures for
procuring a supply of the two former articles and will keep Troxall constantly
employed in making mortars until a sufficient stock be provided. The Secretary
of the Navy will take immediate measures for procuring from London 100
telescopes of about ten guinea price for the establishment of telegraphs.
476 Jefferson's Works
It is agreed that about l5,000 regular troops will be requisite for garrisons
and about as many more as a disposable force, making in the whole 30,000
regulars. It is also recommended to the Secretary of the Navy to recruit the
whole number of marines allowed by law, to wit, about ll00, principally for the
service of the gunboats. On the question, Under what circumstances I may order
Decatur to attack the British vessels in our waters ? it is the opinion that if
they should blockade any place, preventing vessels from entering or going out
or proceed. systematically in taking our vessels within our waters, that the
gunboats should attack them if they can do it with a good prospect of success.
But Decatur is not to do this without orders from me. Should they attack
Norfolk or enter Elizabeth river Decatur may attack them without waiting
orders. In endeavoring to obtain information of the state of the British posts
to be attacked the following will be proper objects of enquiry : 1. The regular
force. 2. The force of the militia they may command and the temper and
disposition of the people, and whether armed. 3. The character of the
commanding officer, 4. The situation of the port, whether in good repair-if
requiring regular approaches-the situation of their magazines, etc. 5. Plans of
the works, maps of the roads, what are the obstacles to the March of troops,
etc.
The Anas 477
It is agreed that Congress shall be called to meet on Monday the 26th of
October and that we will assemble here on Monday the 5th of October, the
proclamation to issue immediately.
MR. GALATIANS ESTIMATE.
D. D.
30,000 men employed ashore and in gunboats @ 300. . . . . . 9,000,000
Navy . . ..... . .... . ... ....... . . .
1,500,000
Occasional militia. . . . . . . . . . . . . . . . 1,000,000
Ordnance,transports,fortifications....... . . l,500,000
- 4,000,000
Interest on public debt. . . . . . . . . . . . . . . . . . .
3,500,000
All civil expenses...:. : ..... ........ . .... ... .
l,500,000
18,000,000
ways and Means.
Present impost reduced by war to. . . . . . . . . 8,000,000
Additional duties and taxes. . . . . . . . . . . . 2,500,000
Sales of lands. . . . . . . . . . . . . . .. . . . .
500,000
Deficiency to be supplied by annual loan.. , . . . 7,000,000
-l8,000,000
Besides which we must borrow annually the installments of public debt
becoming due that year.
October the 10th. Present the four Secretaries. Agreed unanimously that in
consideration of information received as to the strength of the British posts
in Canada, 3,000 men (instead of l500) must be ordered against Niagara and 500
only, instead of l500 against Kingston. That in the message at the opening of
Congress the treaty and negotiations should not be laid before them, because
still depending.
478 Jefferson's Works
October the 22nd. Present all. The Constitution is to remain at Boston, having
her men discharged: the Wasp is to come to New York; the Chesapeake is to
remain at Norfolk; and the sending the United States frigate to New York is
reserved for further consideration, enquiring in the meantime how early she
should be ready to go-it is considered that in case of war, these frigates
would serve as receptacles for enlisting seamen to fill the gunboats
occasionally. After agreeing as above, proceeding to consider how the crew of
the Constitution should be paid off (the Navy funds being exhausted) before the
meeting of Congress, it was concluded that in order to gain time till their
meeting, the Constitution should be brought round to New York, and the United
States be destined for Boston.
(October) the 31st. Gunboats to be stationed at New York, seventeen at Norfolk,
three at Charleston, fifteen at New Orleans and eight building in Western
country. They are to have eight men for the guns, three sailors for the sails,
and to depend on militia of the place for the rest, a captain for each
flotilla.
November the 27th. Present all. Governor Hull writes from Detroit November
8th, that he has called on the Governor of Ohio for 500 militia infantry and a
company of horse, in consequence of
The Anas 479
a collection of Indians, kept at Amherstburg and other indications of war.
General Dearborne having before directed Hull to strengthen his garrison (of 50
regulars) by calling into service three companies of militia of the place,
thought it would be sufficient if we ordered three or four companies more from
Ohio. The other gentlemen thought we had better let Hull's call take its
course, being attentive the moment we receive intelligence from England to
modify it accordingly. Agreed that an order shall be inclosed to Governor
Claiborne to remove by military force intruders on the Batture under the act of
the last session of Congress. Information being received that great numbers of
intruders have set down on the lands. lately obtained from the Chickasaws and
Cherokees,.and particularly within the Yazoo tract and some also within the
Cherokee lines, the. Secretary at War is to give immediate orders for removing
them by military force.
January the 25th 1808. Mr. Dawson called on me and informed me that yesterday
he was called on by a Mr. Hall, a native of the United States but a British
subject engaged in commerce here who told him he had had a vessel condemned at
Halifax and was going to England to prosecute the appeal. That being acquainted
with Mr. Erskine, and known
480 Jefferson's Works
also to Mr. Rose since his arrival, he had informed them, and they had desired
him to be the bearer of their dispatches which would be ready on the a 7th.
These dispatches he said would be delivered to him in a box, would contain all
their communications to their Government, consequently their operations here
intrigues, spies, friends, information, their own views, prospects and designs.
That he believed his appeal would cost him as much as he should recover that he
was now a ruined man, had been cruelly treated by England, therefore wished to
quit that country and become an American. That for a proper reward (he did not
say what) he would take the papers out of the box which should be delivered
him, deliver them to us, fill the box with blank papers, return to New York and
making some excuse for not going he would send the box to its address. He said
we should be on our guard for that those Ministers had many spies in Washington
and one in the President's house who informed them of everything passing. This
man is known to have been much attended to by Erskine, to have been at his
parties, at those of Taylor, etc. My answer to Mr. Dawson was that the
Government would never be concerned in any transactions of that character; that
moral duties were as obligatory on nations as on individuals, that even in
point of interest a character of good faith was of as much value to a nation as
an individual and was that by which it would gain most in the long run. That
The Anas 481
however, he might assure Hall that we would keep his secret. Mr. Pawson had
consulted with Mr. Nicholas on this communication, and after I had given him
the above answer I mentioned it to Mr. Madison who approved of it.
CABINET MEETINGS.
April the 5th. Present the four Secretaries. Having now 100 gunboats building
and about 70 in service, we agreed that 20 should be stationed at New Orleans
with 20 men in each, about half a dozen to be kept in different places for
enforcing the embargo with eight or ten men each. Of the residue, keep on the
stocks as many as we can by agreement, for preservation, and to all the rest
allow two men each. Let the frigates and sloop remain where they are with about
20 or 30 men each to keep them clean, which will reduce the number of seamen to
less than goo. The original establishment, as the law on which the proclamation
is founded expires with the end of this session, it is rather believed that its
renewal would not renew the proclamation; and as it would be disagreeable
either to renew or revoke it, we conclude to let it go off in that doubtful way
which may afford a reason f or not proceeding to actual hostilities against
British armed vessels entering our waters. We agree to renew the call for
100,000 Militia and Volunteers.
VOL. 1-31
482 Jefferson's Works
June the 30th. Present the four Secretaries and Attorney General. 96
applications for permission to send vessels out for property. Agreed as general
rules: 1. That no permission shall be granted after the of 2. None to Europe,
because of. the danger of the capture or detention of the vessels and money can
be drawn thence so easily by bills, and to such advantage by the favorable
exchange. 3. None to Asia, or the Continent of Africa, except Mogadore. 4. None
to South America beyond the line. From such distances, vessels could not return
before war may take place. Agreed to continue the regulation of Mr. Gallatin's
circular of May 20th; except that it may be relaxed as to vessels usually
employed in the coasting trade. This has a special view to the relief of North
Carolina, that her corn and lumber may be sent coastwise. The Chesapeake being
manned may be sent on a cruise from St. Mary's to Passamaquoddy. Two gunboats
are to be built on Lake Champlain, and one on Lake Ontario-as many as
convenient of the troops now raising are to be rendezvoused along Lake Ontario
and the St. Lawrence, a copy of the Attorney General's opinion on the Mandamus
issued to Theus in South Carolina to be sent to the districts Attorney with
instructions to oppose all future attempts of the kind, and Theus to be
reprimanded for his countenance to the procedure.-We are agreed that a mission
to St. Petersburg is expedient; the time not now decided.
The Anas 483
July the 6th. Present the four Secretaries and Attorney General. 1. England
revokes her orders of November and January. Shall we suspend the embargo laws
as to her? Answer unanimously, we shall. 2. If she revokes the order of
November alone ? Answer, we shall suspend, the Attorney General alone
dissenting. 3. If she revokes the order of November as to our own produce only?
Answer unanimously, not to suspend, but in that case to call Congress at an
earlier day ? If France repeals her Berlin and Milan decrees, and restores the
property sequestered, shall we suspend the embargo laws as to her? Answer, call
Congress and declare the embargo laws as to France suspended in fourteen days.
Mr. Madison is strongly opposed to this latter part ; the suspension, because
it lets our vessels fall into the hands of England and so pre-determines the
question of war. If the embargo is suspended as to one of the powers, it must
be so as to the whole world except the other power and all other nations having
similar decrees or orders existing against us.
October the 22nd. Present the four Secretaries. Intruders on the new purchase
south of Tennessee, two on the Indian lands (Choctaw and Cherokee) on each side
of that purchase, three on the north side of Red river. Agreed unanimously as
to the first to appoint a Register and he to give notice to all the intruders
to come in and make a declaration
484 Jefferson's Works
that they have no claim to the lands, and that a military be sent in the spring
to remove all who do not. There is a Colonel Harrison claiming and surveying
under Coxe, who probably will not disclaim right, and will therefore be
removable without disturbing the others, who are said to be industrious men of
property and disposed to obey the laws. The land office can be opened in the
spring which will settle everything. 2. As to intruders on the Indian lands,
give notice to depart, and if they do not, remove them in the spring by
military force; except from Doublehead's land. 3. As to those on Red river, let
them alone and get Congress to extend the land law to them, as they are
conveniently situated to support New Orleans. Unanimously agreed to. Order the
detachment of 100,000 men under the law of last session, to be ready early in
the spring that we may be prepared for any change in our foreign relations.
Unanimously agreed in the sentiments which should be unauthoritatively
expressed by our agents to influential persons in Cuba and Mexico, to wit, " if
you remain under the dominion of the kingdom and family of Spain, we are
contented; but we should be extremely unwilling to see you pass under the
dominion or ascendancy of France or England. In the latter cases should you
choose to declare independence, we cannot now commit ourselves by saying we
would make common cause with you but
The Anas 485
must reserve ourselves to act according to the then existing circumstances, but
in our proceedings we shall be influenced by friendship to you, by a firm
belief that our interests are intimately connected, and by the strongest
repugnance to see you under subordination to either France or England, either
politically or commercially ?" Anderson, our Consul going to Havana is to be
instructed accordingly; so is Hughes who is going to Mexico in quest of Pike's
men and Burling is to be sent to the city of Mexico under pretext of searching
for Pike's men also, but in truth to communicate these sentiments to proper
characters. Claiborne is to be entrusted with them also, to communicate
according to the occasions he may find.
CONVERSATION WITH THE BRITISH MINISTER.
November the 9th. Conversation with Mr. Erskine. He was much alarmed at the
conversation out of door looking like a declaration of war with Great Britain.
He spoke (declaring that if he was an American he would so view the thing) as
the most rational for us to let our commerce go out and take its chance and
that we should defend it against all equally, in
_______________
(1) Captain Zebulon Montgomery Pike was sent on a geographical expedition to
Louisiana in 1806. He and his party were arrested by a detachment of Spanish
cavalry for trespassing on Spanish territory, and were carried to Santa Fe.
After a long examination and the seizure of his papers he was escorted home,
arriving at Natchitoches, July 1, 1807.
486 Jefferson's Works
deed he seemed to think it best we should declare against all. He said this
would be viewed as so equal that no rancorous war would be waged by either and
peace would be easy at any time. I told him that there were but three
alternatives, 1. war, 2. embargo, 3. submission, and that no American would
look a moment at the last; he agreed to it. I told him I thought it possible
France might repeal her decrees as to us, yet I did not understand from Mr.
Pinckney's communications that England would even then revoke her decree ; he
declared in the most explicit terms she would. I then explained that the French
repeal might only go to the high sea. He observed that he did not know that
that could produce a repeal from England, because the exclusion of her
merchandise would remain. I observed to him that I thought England decided on
much by misrepresentations and from the errors of strangers who associated with
but one party. He cleared himself of that by saying he mixed much with both,
and could not be supposed to have any interest but in coming at the truth and
communicating it. I noted to him the conversation of Mr. Canning in the month
of June when Mr. P. inferred the orders would be revoked and the month of July
when he was totally off. I intimated to him my suspicions that the Halifax
expedition was intended to support a hoped insurrection in Boston. He protested
at once decidedly against the error of that suspicion,
The Anas 487
that his Government could not be so uninformed as to think of countenancing the
taking adverse possession of a place they could not hold many days : and that
assuredly they had not a single hostile view towards this Country, and that the
people of England were equally averse to a rupture with us. He spoke of the
situation of Spain and that Bonaparte would soon be ousted there. Lamented the
state of the world and I joined him in that and said, that if either Bonaparte
or his King were to die we should have peace. He said the Prince of Wales was
as much anti-Bonapartian as anybody. That he was persuaded there could be no
safety in a peace with him which would let their navy go down and Bonaparte's
get up. I observed that went to a principle of eternal war. He said, no ; that
that danger would be lessened by Bonaparte's death, or by such a spirit of
insurrection in the North as had appeared in Spain. I told him I was going out
of the Administration and, therefore, might say to him things which I would not
do were I to remain in. I wished to correct an error which I at first thought
his Government above being led into from newspapers, but I apprehended they had
adopted it, this was the supposed partiality of the Administration and
particularly myself in favor of France against England. I observed that when I
came into the Administration there was nothing I so much desired as to be on a
footing of intimate friendship with England, that
488 Jefferson's Works
I knew as long as she was our friend no enemy could hurt : that I would have
sacrificed much to have effected it and, therefore, wished Mr. King to have
continued there as a favorable instrument. That if there had been an equal
disposition on their part I thought it might have been effected; for although
the question of impressments was difficult on their side and insuperable with
us, yet had that been the sole question, we might have shoved along, in the
hope of some compromise; that, indeed, there was a ground of accommodation
which his Ministry had on two occasions yielded to for a short time, but
retracted ; that during the Administration of Mr. Addington and the short one
of Mr. Fox, I had hoped such a friendship practicable, but that during all
other Administrations I had seen a spirit so adverse to us that I now despaired
of any change. That he might judge from the communications now before Congress
whether there had been any partiality to France to whom he would see we had
never made the proposition to revoke the embargo immediately which we did to
England and again that we had remonstrated strongly to them on the style of Mr.
Champagny's letter, but had not to England on that of Canning, equally
offensive. That the letter of Canning now reading to Congress was written in
the high ropes and would be stinging to every American breast. He admitted Mr.
Canning wrote strongly, and spoke strongly, always taking the highest ground.
The Anas 489
I told him it was an unhappy talent, that nothing enabled a man to get along in
business so well as a smooth temper and smooth style. I observed that if we
wished war. with England as the Federalists charged us, and I feared his
Government might believe, nothing would have been so easy when the Chesapeake
was attacked, and when even the Federalists themselves would have concurred,
but on the contrary that our endeavors had been to cool down our countrymen and
carry it before their Government. He said it would have been very unjust to
have made an individual act the ground of war, which his Government might and
did disavow. I agreed to that, but added that the same class of men had
committed and were in the habit of committing so many atrocious insults on us,
that it was impossible not to feel them deeply. That I did not charge his
'Government with approving all this, because I believed that they could not
control them, that the officers were allied to the highest families in the
kingdom, were supported by such an aristocracy as that no minister dare move
against one, unless he had acted as a coward and then the nation would support
the minister in shooting him. He said I w as much mistaken in supposing the
Government could not control the officers of the navy ; that there was such a
multitude of applicants to enter the navy as placed the whole very much under
the power of the Government, and besides that they had such a number of
officers beyond what they could
490 Jefferson's Works
employ as made. it easy for a Minister to leave one unemployed. I told him in
the course of the conversation that this country would never return to an
intercourse with England while those orders of council were in force, in some
part of it also I told him that Mr. Madison (who it was now pretty well seen
would be my successor, to which he assented,) had entertained the same cordial
wishes as myself to be on a friendly footing with England. I committed all this
to writing the moment Mr. Erskine left me. I have always expressed the
substance and very often the very words and phrases expressed. They were
however much more dilated than is here expressed on paper.
CABINET MEETINGS.
December lst. Present the four Secretaries. The expedition prepared at Halifax,
consisting of 4,000 men, is believed to be kept in readiness, in case war is
declared by us, or obviously imminent, it is to go off instantly. Abandoning
Upper Canada, to us, and take possession of New Orleans, we therefore determine
unanimously that all the new recruits from Pennsylvania inclusively Southwardly
and Westwardly shall be sent off immediately (being about 2,000 men) those in
the Atlantic States by sea, the Western down the Ohio and Mississippi and
provisions to be sent down the Mississippi with the men, if the state of the
river permits them to go,
The Anas 491
besides these there are l,000 of the old troops which can be rapidly brought to
New Orleans ; that we may count on l,000 good militia of Orleans, and l,000 of
Mississippi to be instantly commanded, making a force of 5,000 men. That thirty
gunboats shall be immediately sent into Lake Pontchartrain, and we are to ask
3,525 seamen for the next season, to fifteen for seventeen gunboats, and the
residue to fill the eleven small vessels we have from the John Adams, now a
corvette, down. These eleven small vessels to be sent immediately to the
Eastern ports to enforce the embargo. We are to undertake to make the canal at
New Orleans, cost it what it will.
February the lst, l809. Present all. On the execution of the act for employing
an additional Naval force. Agreed. 1. To raise men to man the thirty gunboats
to proceed to New Orleans. 2. As many as will man thirty more to be sent to
different ports to support the embargo. 3. To man the small vessels below the
size of a frigate. 4. To man the Constitution. By the time these are raised we
shall know whether the embargo, war, or what else is to be the state of things.
The Chesapeake is to proceed instantly to Boston.
February the 25th. Present Secretaries of State, Treasury, Navy and Attorney
General.. What or- ders shall be given as to English and Spanish ships
attempting to pass New Orleans for Baton Rouge?
492 Jefferson's Works
Answer, English ships have been hitherto prohibited, that being the highest
port of entry. Spanish ships have been permitted to go up, except when having
slaves on board. Let things continue so till Congress rises, when their
proceedings will decide what should be done. Agreed that orders shall be given
to the military to remove squatters from the lands of the Chickasaws, Cherokees
and Choctaws, except Doublehead's reserve and Wafford's settlement.